Mohammed Abdul v. State
Case brief
What is this about?
In this PIL concerning encroachment on government land, the Court directed the immediate execution of existing eviction orders within six weeks, unless legal impediments exist, and ordered pending proceedings to be finalized quickly.
What did the court decide?
Execution of already passed eviction orders within six weeks and finalization of pending eviction proceedings.
What the court decided
OJC No. 2984 of 1996
12. 25.07.2016 Heard Mr. M.C. Jena, learned counsel for the petitioner and Mr
. B.P. Pradhan, learned Additional Government Advocate appearing for the State-opposite partie
s.
2. This is a writ petition filed in the nature of Public Interest Litigation with
the prayer to remove the encroachment made on the government land. In paragraph-3 of the coun
ter affidavit filed on behalf of the opposite party No.3-District Magistrate & Collector, Samb
alpur and the opposite party No.4-Tahasildar, Sambalpur, it has been stated that there are 26
encroachers unauthorizedly occupying the government land, out of which in 22 cases eviction or
ders have already been passed and in other 4 cases, proceedings are pending, but due to non-fi
nalization of the Master Plan of Sambalpur Town, the eviction orders have not been passed/exec
uted.
3. In view of the admission made by the opposite parties No.3 and 4 in their coun
ter affidavit and considering the facts and circumstances of the case, we dispose of the writ
petition with a direction that eviction order already passed shall be executed and encroachmen
t removed as expeditiously possible, preferably within a period of six weeks, unless there is
any legal impediment in executing the eviction order. In such cases, where the eviction procee
dings are going on and not finalized, the same shall be finalized as expeditiously as possible
.
With the aforesaid observations/directions, the writ petition is disposed of.
........
( VINEET SARAN )
CHIEF JUSTICE
....
( DR. B.R. SARANGI )
JUDGE
Issues for consideration
1 issue framed by the court
Whether eviction orders already passed against encroachments on government land should be executed expeditiously.
Parties & counsel
- petitioner
Public
- respondent
District Magistrate & Collector, Sambalpur
- respondent
Tahasildar, Sambalpur
- respondent
State
Coram
Case details
As recorded by the court registry
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