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2017 DIGILAW 897 (MP)

Padam Singh Sikarwar v. State of M. P.

2017-08-09

S.K.AWASTHI, SANJAY YADAV

body2017
ORDER 1. Petitioner vide present petition under Article 226 of the Constitution of India takes exception to inaction on the part of State Government and its functionaries for getting encroachment cleared from the land bearing survey No.1028 area 0.136 hectare situated in village Sankhra, Tahsil Joura, District Morena. Responding to the contentions made in the petition State Government and its functionaries filed a return, wherein paragraph 2 it is admitted by them that the land in question is being encroached upon and it is stated:- 2. That, the answering respondent in compliance of letter dated 8.1.2014 sent the Sub-Engineer of the council and it was found that some people has raising the construct but said construction was stopped till the decision of report of Tahsildar in compliance of order Annexure P-8, but fact remain that till the date the answering respondent has not received any report regarding demarcation of the land from the revenue authorities therefore it is very difficult to answering respondent to take action until the demarcation report have not been received by municipal council. Since the State Government and its functionaries are aware of the facts that the Government land is being encroached unauthorizedly, it is expected from the authorities concerned to take immediate steps to remove these encroachments from the Government land to make such Government land encroachment free. In view whereof, petition is disposed of in the following terms terms:- (i) The Collector shall cause to make inquiry into this grievance and if he is convinced about the same, he will be obliged to take action against the encroachers and unauthorized structures to remove the said encroachment on the public property with utmost dispatch by following due process and giving opportunity to all concerned. (ii) If the Collector has any difficulty in taking follow up action as per the direction issued by him, must report that fact to this Court forthwith and seek appropriate directions, as may be required. (iii) If Revenue Authority intends to proceed to remove/demolish unauthorized structure standing on the public property and apprehends any threat from the encroachers with regard to that action, may request Superintendent of Police, Morena to provide sufficient police force for security arrangement. (iii) If Revenue Authority intends to proceed to remove/demolish unauthorized structure standing on the public property and apprehends any threat from the encroachers with regard to that action, may request Superintendent of Police, Morena to provide sufficient police force for security arrangement. If such request is made, the Superintendent of Police shall personally ensure that adequate police force is deputed on the site, on the date and time notified by the Revenue Authority for proceeding with the removal/demolition of unauthorized structure(s) standing on the public property. (iv) Any person aggrieved by the decision or action of the Revenue Authorities will be free to challenge the same by way of appropriate proceedings, if so advised, before the Court of competent jurisdiction. (v) If any adverse order is passed by the Collector, the affected person(s) be given one week’s time before taking action on the basis of that order to enable the concerned person(s) to assail that order by way of appropriate proceedings before the Court of competent jurisdiction. (vi) After removal/demolition of unauthorized structure(s), the Collector shall cause to initiate proceedings for recovery of compensation/damages for unauthorized user of the public property as per rules and recover that amount from the concerned occupant of the unauthorized structure, in accordance with law and as arrears of land revenue. Action taken report be filed by the Collector in this Court on or before 24.11.2017. If such report is not filed, the matter be notified on 29.11.2017 under caption.Directions for passing appropriate orders. Liberty is given to the petitioner to move this Court if the action taken report is deficient or discloses that complete action has not been taken to remove all the unauthorized occupants/structures. This order shall be carried out promptly by all concerned in its letter and spirit. Subject to above, the petition stands disposed of.