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2016 DIGILAW 413 (TRI)

Tarun Singha Roy @ Tarun Ch. Singha Roy v. State of Tripura

2016-11-25

S.TALAPATRA

body2016
JUDGMENT & ORDER (ORAL) : Heard Mr. S.C. Das, learned counsel appearing for the petitioner as well Ms. A.S. Lodh, learned Addl. G.A appearing for the respondents No. 1 to 8. No notice is considered essential on the remaining respondents. 2. The grievance as canvassed in this writ petition falls within a very short compass. According to the petitioner, he has jote land comprised in Khatian No.269, R.S. Plot Nos. 319 and 320 measuring 0.12 acres at Mouja Sonamura, Sub-Division Sonamura. His is a homestead land and he is residing on that land constructing house there. Between the Sonamura Boxanagar road and the said land, there is a plot of government land through which the petitioner reaches to the main road and there is no other space for ingress and egress from that land of the petitioner. For purpose of illustration, the petitioner has demonstrated the possessions of the different pieces of lands by way of hand sketch map, which is available at Annexure 3 to the writ petition. The petitioner when noticed that some persons were illegally putting up structures on the said government land impairing his right to easement, he made representation to the Sub Divisional Magistrate, Sonamura Sub Division, Sepahijala District on 09.10.2014 and lastly on 15.03.2016. He has also represented to the District Magistrate & Collector, Sepahijala District, Bishramganj on 17.03.2015. All these representations have been enclosed with the writ petition and it appears that the Sub Divisional Officer, Public Works Department (R & B) had also recommended action on the basis of the representation made by the petitioner to the Sub Divisional Magistrate, Sonamura, Sepahijala District by his communication under No.F.103/RD/SDO/PWD/SNM/649541 dated 18.02.2014, Annexure 5 to the writ petition, to remove the illegal occupants from the PWD roadside meaning the same khas land, where the illegal structures were being put by some persons. The petitioner’s representation was also forwarded to the Sub Divisional Magistrate, Sonamura from the office of D.M & Collector, Sepahijala District, Bishramganj with the directive under No.F.5(64)III/DM/SPJ/REV/201415/215051 dated 05.02.2015 asking the Sub Divisional Magistrate, Sonamura to inquire into the matter and submit a factual report in the earliest. The petitioner’s representation was also forwarded to the Sub Divisional Magistrate, Sonamura from the office of D.M & Collector, Sepahijala District, Bishramganj with the directive under No.F.5(64)III/DM/SPJ/REV/201415/215051 dated 05.02.2015 asking the Sub Divisional Magistrate, Sonamura to inquire into the matter and submit a factual report in the earliest. Thereafter, as it appears, the Deputy Collector and Magistrate requested the Sub Divisional Magistrate, Sonamura, to issue eviction notice against the illegal occupants, namely Sabita Rani Das, Abul Kalam, Bhajan Das and Alam Miah, the respondents No.912, who were found in the illegal possession and putting up the illegal structures on the government Khas land. The said request was made by his report dated 14.09.2015, Annexure 7 to the writ petition. It appears from the records as produced by the petitioner that a proceeding was drawn up against those persons and an order was passed on 24.09.2015 in the said proceeding observing that the eviction notice has to be issued to the illegal occupants. Thereafter, strangely, the SDO, PWD (R&B), Sonamura by a communication under No.F.103/RD/SDO/PWD/SNM/97100 dated 12.06.2015, Annexure 8 to the writ petition, had requested the Executive Officer, Sonamura Nagar Panchayet to remove the illegal structures from the PWD roadside and from the government Khas land for ‘smooth running of the PWD works’. Later on, the SubDivisional Magistrate, Sonamura by another communication under No.F.46(8)SDM/SNM/REV/Corres/15/85153 dated 15.10.2015, Annexure 9 series to the writ petition, had requested the Executive Officer, Sonamura Nagar Panchayet to take necessary action for eviction with the Task Force under his control following the legal formalities in this regard. Thereafter, by another letter of the even number dated 15.04.2016, the Sub Divisional Magistrate, Sonamura forwarded the representation of the petitioner for taking appropriate action. It is apparent from the communication under No.F.59/SNP/SNM/2015/1233841 dated 30.10.2015, Annexure 10 to the writ petition, by the Executive Officer, Sonamura Nagar Panchayet that he sought permission for eviction of illegal occupants from the PWD land which is under reference in this petition. 3. The petitioner having no other alternative, finally made a representation to the Chairperson, Sonamura Nagar Panchayet on 26.05.2016 for eviction of 4(four) illegal occupants as stated earlier, but without any avail. Thereafter, he served the demand notice on 22.06.2016, Annexure 12 to the writ petition, asking the respondents to evict those illegal occupants from the government Khas land. 3. The petitioner having no other alternative, finally made a representation to the Chairperson, Sonamura Nagar Panchayet on 26.05.2016 for eviction of 4(four) illegal occupants as stated earlier, but without any avail. Thereafter, he served the demand notice on 22.06.2016, Annexure 12 to the writ petition, asking the respondents to evict those illegal occupants from the government Khas land. They are hindering the easement of the petitioner from his land as described in the said demand notice dated 22.06.2016. Despite the said notice was received by the respondents, no positive action was visible. Thus the petitioner was persuaded to approach this Court for appropriate direction on the respondents to evict the illegal occupants from the land under reference. 4. On 21.11.2016, this Court had requested Ms. A.S. Lodh, learned Addl. G.A. appearing for the respondents No.1 to 8 to take instruction from the authority as to who is exercising the power under Tripura Public Premises (Eviction of Unauthorised Occupants) Act, 1982. Ms. Lodh, learned Addl. G.A. has produced the written instruction which shows that the Sub Divisional Magistrate is the Estate Officer and authorised to take any action under Section 5 & 6 of the Tripura Public Premises (Eviction of Unauthorised Occupants) Act, 1982. This Court on that day expressed its annoyance why the authorised officer transferred the responsibility to a person who is not even authorised to act within the scope and ambit of the Tripura Public Premises (Eviction of Unauthorised Occupants) Act, 1982. From the written instruction as produced before this Court, it clearly transpires that the SubDivisional Magistrate, Sonamura, Sepahijala District has undertaken now that he would take the legal action to evict those unauthorised/illegal occupants from the land under reference in accordance with law. 5. Mr. S.C. Das, learned counsel appearing for the petitioner has submitted that the matter is pending for appropriate action since 2014. Having regard to that aspect, Mr. Das, learned counsel for the petitioner urged that a time frame may be fixed. 6. Having due regard to the submissions as advanced by the counsel appearing for the parties and the written instruction as produced by Ms. Lodh, learned Addl. G.A. appearing for the respondents No.1 to 8, the Sub Divisional Magistrate, Sonamura, Sepahijala, Tripura, is directed to evict the illegal occupants from the government Khas land and remove their illegal structures therefrom. 6. Having due regard to the submissions as advanced by the counsel appearing for the parties and the written instruction as produced by Ms. Lodh, learned Addl. G.A. appearing for the respondents No.1 to 8, the Sub Divisional Magistrate, Sonamura, Sepahijala, Tripura, is directed to evict the illegal occupants from the government Khas land and remove their illegal structures therefrom. The entire exercise shall be completed within a period of 3(three) months from today in accordance with law. If any vested right of the respondents No.9 to 12 is affected in any manner, they will be at liberty to approach the competent forum for redress. With this observation and direction, this writ petition stands allowed to the extent as indicated above. There shall be no order as to costs. A copy of this order be furnished to the learned counsel for the parties so that they can furnish the same to the Sub Divisional Magistrate, Sonamura, Sepahijala, Tripura within a very short time.