JUDGMENT: 1. On 04.04.2011, a Division Bench of this Court comprising the then Hon'ble the Chief Justice took cognizance of the news paper report published in the “Prabhat Khabar” who pointed out that the public sector units in the State of Jharkhand namely Heavy Engineering Corporation Ltd.(H.E.C. Ltd.), Central Coal Fields Limited(C.C.L. Ltd.), Bokaro Steel Ltd.(B.S.L.), Bharat Coking Coal Limited(B.C.C.L.) have permitted the unauthorized persons to remain in possession of public properties, without there being any entitlement and directed to issue notice to the above public sector units to show cause why they have permitted such unauthorized persons to remain in possession of these premises. This Court also sought clarification from State authorities why the authorities not be penalized for permitting unauthorized persons to remain in possession. 2. On 08.04.2011, learned counsel appearing on behalf of the H.E.C. Ltd. and B.S.L. has assured this Court that by 19.04.2011 they will make all endeavor to remove all the encroachments so the case may be taken up on 19.04.2011. On 08.4.2011 it was pointed out by the learned counsel for the C.C.L. and B.C.C.L. that they have not been cooperated by the State Government in removal of the encroachments even in the cases where there are eviction orders so a direction may be issued to the State Government that they should provide enough force to evict all those against whom there are eviction orders. 3. On 08.4.2011 learned counsel for the State, Shri R.R. Mishra, submitted that he will issue instructions to the Deputy Commissioners right on the same day to assist the C.C.L. and B.C.C.L. authorities for removal of encroachments of those against whom the eviction orders are passed and against those who are unauthorizedly occupying the premises. This Court observed that the aforesaid assistance be also supplied to the H.E.C. Ltd. and B.S.L. by the State Government. 4. The matter was taken up on 19.4.2011 and this Court observed that direction for eviction of the four P.S.Us i.e. H.E.C., C.C.L., B.C.C.L. and B.S.L. have not been taken in the spirit in which it should have been taken and that shows that the officers and the occupiers, who are unauthorized occupants of these premises, are in hand in glove with authorities and they are residing there and showing defiance to the orders of this Court. This Court also observed that what is required is that the conduct of the occupants and the officers of these P.S.Us/State be put under scanner and they should be investigated. Then, this Court directed the matter be investigated by the C.B.I. as to how, why and under what circumstances these unauthorized occupants came in occupation of the properties(buildings and lands) of these P.S.Us. and under whose tacit consent they had continued to be in unauthorized occupation of these properties(buildings and lands). This might have taken place with some underhand dealings as well. The Registrar General was directed to lodge F.I.R. with the C.B.I. to investigate the matter in relation to illegal occupation of the properties of these four P.S.Us obviously occupied buildings and lands. 5. On 12.5.2011, it was informed by the learned counsel appearing for the C.B.I. that preliminary enquiry has already been initiated to find out certain facts for the purposes of lodging the effective F.I.R. against the concerned persons of four P.S.Us. (referred above) and for this two months time was sought to complete the preliminary enquiry. But this Court observed that time sought was too long because of the reason that F.I.R. is not required to contain the complete evidence. The F.I.R. itself initiates the process of investigation. This Court directed the C.B.I. to submit a progress report by 13th of June, 2011. 6. Today, learned counsel for the C.B.I. submitted few facts which we would like to incorporate in our order to indicate that how a public has been cheated. Following are a few details unearthed:- 7. However, the total area which have been occupied by these unauthorized occupants have not been given out but we can certainly see the magnitude of the illegal activities continued on the properties of the public vesting in the P.S.Us. 8. Not only above that such big chunk of loss have been not taken care of by the P.S.Us. and damage can be controlled to some extent only by removing these unauthorized occupants. This is significant that if only in H.E.C. and B.S.L. 472.12 acres of land can be encroached by unauthorized occupants, this clearly shows that what luxury the public sector units enjoyed. The expenditure incurred by P.S.Us. towards water consumed by the unauthorized occupants and that total amount comes in thousands of crores. 9. This is significant that if only in H.E.C. and B.S.L. 472.12 acres of land can be encroached by unauthorized occupants, this clearly shows that what luxury the public sector units enjoyed. The expenditure incurred by P.S.Us. towards water consumed by the unauthorized occupants and that total amount comes in thousands of crores. 9. We are of the view that if this can be expenditure incurred by the public sector units for the benefit of the unauthorized occupants in a few years then certainly India need not be shining in 2020 but it is shining in 2011 itself as P.S.Us. are so much in surplus in the revenue that the public money of the so much of crores can be incurred by the P.S.Us. only in four units and that too within one State i.e. State of Jharkhand. Probably these facts must not in the knowledge of the persons who should have knowledge of these facts and figures. Therefore, we direct to send a copy of this order to the Secretary, Government of India, Ministry of Heavy Industries who is controlling authority of the H.E.C. Ltd. and whose property has been occupied by the 243 dwelling units under unauthorized occupation and 477.12 acres of land have been encroached by the unauthorized occupants and Rs. 7,18,365/-has been incurred by the P.S.Us and this expenditure is yet going on. 10. A copy of this order also be sent to the Secretary, Government of India, Ministry of Coal to indicate that under their control in C.C.L., 15377 dwelling units have been occupied by unauthorized occupation and about 6960 plots of land have been occupied by unauthorized occupants and during last year 32,14,97,250/-have been incurred by the said public sector units only for electricity and water charges for unauthorized occupants and not only this, they have incurred expenditure on maintenance of the dwelling units unauthorizedly occupied to the extent of Rs. 93,58,378/-during last ten years. 11. A copy of this order be also sent to the Secretary, Government of India, Ministry of Coal to draw their attention to the encroachment over the properties of B.C.C.L. There are 18100 dwelling units occupied unauthorizedly and about 31223 plots have been occupied by unauthorized occupants and an amount of Rs. 109,28,01,431/-have been borne by the B.C.C.L. during last ten years for providing the electricity and water to these unauthorized occupants. 12. 109,28,01,431/-have been borne by the B.C.C.L. during last ten years for providing the electricity and water to these unauthorized occupants. 12. A copy of this order be also sent to the Secretary, Government of India, Ministry of Steel to draw their attention towards encroachment over the properties of the B.S.L. i.e. 162 dwelling units with 2086.39 acres of lands under unauthorized occupation and during last four months, B.S.L. has incurred Rs. 3,37,376/-against the electricity and water charges for these unauthorized occupants. 13. The Secretary, government of India, Ministry of Coal may also take note of the fact that in 'Rajrappa' area, which is under C.C.L., nine persons were given employment and compensation of Rs. 1,36,066.76 against the acquisition of land/houses in the year 1981 but these nine persons have not vacated the land/house so far and instead of the fact that they are working in the C.C.L. itself in the Rajrappa area. However, they have been suspended on 20.5.2011 when this matter was referred to the C.B.I. only. 14. The facts which have come on record clearly indicate that if the Court would not have taken cognizance of these illegal activities then thousand of crores of rupees would more have been incurred by these public sector units for the welfare of their own officers as well as for the persons who are the law breakers. 15. We direct C.B.I. also to disclose the status of these persons who termed as dignitaries in the report submitted by C.B.I. to this Court and who are unauthorized occupants in these P.S.Us. so that public may know that how mighty they are and are in occupation of the public properties. 16. At this juncture, it will be relevant to mention here that learned counsel appearing for the C.C.L., Shri Anoop Kumar Mehta, submitted that in the premises of C.C.L., one of the guest house known as “rescue station” is occupied by the then Deputy Commissioner of the area in the District-Ramgarh for which learned counsel submitted that firstly the Deputy Commissioner occupied the premises unauthorizedly then the P.S.U. allowed him to occupy for short period but thereafter the said Deputy Commissioner refused to vacate the premises. 17. It has been taken note of as the C.B.I. itself in its report has clearly mentioned that “The PSUs are facing problem in eviction drive since many dignitaries have also occupied the dwelling units unauthorizedly.” 18. 17. It has been taken note of as the C.B.I. itself in its report has clearly mentioned that “The PSUs are facing problem in eviction drive since many dignitaries have also occupied the dwelling units unauthorizedly.” 18. All these P.S.Us. of the State Government and Union of India are directed to immediately take action against those dignitaries and that should be with utmost sincerity and with full firm hand and without any delay for which the Union of India, State Government and the P.S.Us. authorities themselves will have to develop the course of action and this Court will not like to hear that one has not cooperated and another has not shown sincerity since it is joint responsibility of all the authorities referred above. 19. The compliance be made without any delay and report may be submitted to this Court on 27.6.2011. 20. The registry is directed to give a copy of this order to the learned counsel for the P.S.Us., State Government as well as the learned counsel appearing for the C.B.I. 21. We appreciate the efforts made by C.B.I. and we hope that C.B.I. will proceed in the matter with full sincerity and honesty and for that learned counsel appearing for the C.B.I. needs time. In view of the above facts, C.B.I. may submit their progress report within one month. 22. Learned counsel appearing for the B.S.L. submitted that they are yet not getting adequate assistance of the State Government in removal of encroachment for which learned counsel appearing for the State submitted that without knowing the gravity of situation which may develop because of the large number of illegal occupants in the B.S.L. and without knowing the exact number of unauthorized occupants which may be disclosed by the B.S.L. to the State and as State has its own limitation, it is difficult to provide help. It is also submitted that the B.S.L. may be directed to give the list of unauthorized occupants. 23. It is also submitted that the B.S.L. may be directed to give the list of unauthorized occupants. 23. Learned counsel for the B.S.L. submitted that the areas have already been identified, demarcated and orders have been issued for eviction under P.P. Act but how many people may come at the time of removal of encroachment, it is uncertain because of the reason that entire State of Jharkhand, particularly in Ranchi, a large number of encroachments have been removed in view of the order passed by this Court to give relief to law abiding persons and therefore, all law breakers may join their hands to show their unity against lawful action and in view of involvement of influential persons who are behind them which fact was known to all and now has been made clear by the C.B.I. 24. In view of the above reasons, the State is directed to provide adequate support to the B.S.L. so that the order may be implemented and the encroached area may be got vacated and that too without asking any particulars of individual person as it is not necessary that the miscreants will be only persons of that area will be creating problems as the others may also join hands with such miscreants. However, the situation is required to be assessed by the State by having the meeting with the B.S.L. Officers and the resistance which may come in the way of implementing the order is required to be taken care which is the duty of the State. This type of relief is required to be given to all the P.S.Us.(referred above) by the State. 25. At this juncture, we may point out that yet we are not in know of any of the scheme of the State/Union of India which can take care of the poor public who are required for support in running the industries and in constructing the multi-storied complex and 'Mall' in the city. The poor people coming from villages in the cities may have been taken care of in “MNREGA” scheme but even then the labourers are required in the industries as well as in construction activities etc. The poor people coming from villages in the cities may have been taken care of in “MNREGA” scheme but even then the labourers are required in the industries as well as in construction activities etc. Therefore, we make it clear that it is for the State to see that such situation must not be repeated in few years only after completion of the big task taken of removal of encroachment in the State of Jharkhand and therefore, we are again pointing it out that it is the duty of the State to provide adequate measures to meet with the contingency even today also. 26. We make it clear that all P.S.Us.(referred above), Union of India and State of Jharkhand may show their stand in writing by filing any counter affidavit in the form of reply or affidavit and are also may disclose the persons who are termed as dignitaries in C.B.I. Report who either themselves or their persons have encroached upon the land or building in question. 27. 'Progress Report' submitted by the C.B.I. and taken on record is kept on record. 28. Let this matter be listed on 27.6.2011. 29. I.A. No.1703 of 2011 In view of the order passed above, the interlocutory application no. 1703 of 2011 stands disposed of.