Writ petition by slum dwellers seeking direction to prevent eviction without following due procedure. Court directed State to adjudicate claims in appropriate proceeding before eviction or demolition.
Direction to opposite parties not to evict petitioners without adhering to due procedure; to decide eviction claim on merits in appropriate proceeding.
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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
WPC No.4753 of 2021
Sachhab Kanta Vatra & others … Petitioners - Versus - State & others … Opp. Parties
ORDER
02. 08.03.2021
Defects are ignored.
Heard learned counsel for the petitioners.
The grievance of the petitioners in this writ petition is that they are slum dwellers and living in Sainath Basti which is located in a Government land in Mouza-Gadakana since 35
years. But the opposite parties without considering their case for settlement and rehabilitation are taking steps to evict them by loud speaker announcement. Hence, they have come to this Court with a prayer to direct the opposite parties not to evict them and settle and rehabilitate them in the aforesaid land.
On consideration of the aforesaid facts and the submissions made, this Court disposes of the writ petition with a direction to the opposite parties if the petitioners are in settled possession of the aforesaid Government land, no eviction or demolition shall be made against them without adhering to the due procedure of law, addressing
2
their claim in the appropriate proceeding for eviction and decide the same on merit.
Urgent certified copy of the order be granted on proper application.
…………………….. S.Pujahari, J.
PKS
1 issue framed by the court
Whether the State must hold an eviction/disposal proceeding on merits before evicting settled slum dwellers from government land.
Sachhab Kanta Vatra & others
State & others
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
