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Madhya Pradesh High Court · body

2013 DIGILAW 1227 (MP)

Murli Manohar Dibolia v. State of M. P.

2013-10-09

G.D.SAXENA, S.K.GANGELE

body2013
Judgment: 1. Heard. This Public Interest Litigation has been filed by the petitioner for removal of encroachment over the government land. 2. Respondent No. 4 - Municipal Council in its reply submitted that earlier this court in W.P. No. 2351/2003 directed the Council to remove encroachment over the government land and the same was disposed of with certain directions. Thereafter, a review petition (R.P. No. 281/2011) was filed, it was also disposed of. 3. Thereafter, the Municipal Council issued notice to the persons, who had encroached over the land. After considering the reply submitted by the persons, order was passed by the authority and thereafter number of persons have filed civil suits before the civil court and those civil suits are pending. Hence, the Municipal Council has not taken any action in the matter. 4. From the facts of the case, it is clear that this court passed an order in W.P. No. 2359/2013 (PIL) to remove the encroachment and in pursuance to the aforesaid order, the Municipal Council already passed order in regard to the fact that whether the person has made encroachment or not after giving proper opportunity of hearing to the persons. A contempt petition was filed before this Court, which was registered as Contempt Petition No. 525/2009. This court vide order dt. 22.9.2011 disposed of the aforesaid contempt petition with the following observations:-- 3. The learned Council for the petitioner has submitted that the petitions filed by the encroachers have been dismissed by this Court. In this view of the matter this contempt petition is disposed of with the direction that the encroachment, as ordered by this Court, shall be removed within a period of four weeks from the date of receipt of a copy of this order. It is further clarified that if there is any petition pending before this Court, the Authority shall take appropriate steps for disposal of the petition and compliance report in that regard be also submitted to the Registry of this Court. In the event, if this order is not complied with, this Court shall pass appropriate order of punishment. 5. It is further clarified that if there is any petition pending before this Court, the Authority shall take appropriate steps for disposal of the petition and compliance report in that regard be also submitted to the Registry of this Court. In the event, if this order is not complied with, this Court shall pass appropriate order of punishment. 5. Hence, it is obligatory on the part of the Municipal Council to remove the encroachment if there is no order of injunction by the Civil Court and if there is any order of injunction, Municipal Council is duty bound to place all the material before the Civil Court for vacation of the order of injunction, however, only on the basis of pendency of civil suit, it can not be held that the encroachment could not be removed. 6. Hence, the Writ Petition is disposed of with the direction that if there is no order of injunction in favour of any person, the Municipal Council shall remove the encroachment if it has been held by the Council that the person has made encroachment over the land, including the encroachment from the gate, as mentioned by the petitioner in the petition. No order as to costs.