Court On Its Own Motion v. State Of Himachal Pradesh
2018-02-26
AJAY MOHAN GOEL, SANJAY KAROL
body2018
DigiLaw.ai
JUDGMENT Ajay Mohan Goel, J —This Court took suo motu cognizance of a letter petition in which it stood mentioned that public path/road as well as public property stood encroached by the private individuals, whose details are given in the letter petition. 2. On 13.11.2017, this Court while issuing notice to the respondents and calling upon them to file reply, appointed Mr. Vikas Rathour, learned Advocate as Amicus Curiae to assist this Court. 3. On 19.12.2017, this Court passed the following order:- "On the basis of a letter petition, this Court taking suo motu cognizance, issued notice to the respondents-State. Allegedly, public path/road and public property stand encroached by the private individuals. From the response so filed, thus far by the respondents(State) , the contents of the letter petition are found to be undoubtedly correct. However, we also notice from the reply dated 12th December, 2017, that now proceedings under Section 163 of the H.P. Land Revenue Act, stand initiated against the erring persons including Triloki Nath and Raju. We notice that interim order passed by the Civil Court restraining the respondents from taking action stands vacated. As such, there is no impediment in removing the encroachment, more so, when appeal filed by the encroacher also stands rejected. It is in this backdrop, we direct respondents No. 4 to 7 to ensure that all encroachments over public path/road, subject matter of the present lis, are forthwith removed and the property is restored to its original position. Also the path/road as it stood prior to the encroachment is restored to its original position and as such maintained. Needful be done within a period of two weeks. List on 06.01.2018." 4. Compliance report stands filed. Today, we are informed that Mr. Vikas Rathour, learned Advocate stands appointed as Additional Advocate General. We request Mr. Jyotirmay Bhatt, learned Advocate to assist this Court as Amicus Curiae. 5. We have heard learned Amicus Curiae and also gone through the compliance/status report filed by the State. 6. A perusal of the compliance affidavit demonstrates that government land which stood encroached upon by Triloki Nath s/o Sh. Bhura has been re-occupied by the State and unauthorized construction over the same stands fully removed. Copy of demolition report is appended with the compliance report as Annexure R-4.
6. A perusal of the compliance affidavit demonstrates that government land which stood encroached upon by Triloki Nath s/o Sh. Bhura has been re-occupied by the State and unauthorized construction over the same stands fully removed. Copy of demolition report is appended with the compliance report as Annexure R-4. With regard to Raju @ Rajeev Kumar, it stands mentioned that during the Course of demolition proceedings, the encroachment upon common path from Jeet Silai Center to J.R. Sharma Bhawan was found to be made by Shri Joginder Singh, who happens to be real brother of Raju @ Rajeev Kumar and the said unauthorized construction itself was removed by Joginder Singh. Report in this regard is appended with compliance report as Annexure R-7. With regard to Shankar Dass, it stands mentioned in the compliance affidavit that Revenue Department stood requested to demarcate the road in issue at R.D.1/120 to 1/135 (Khasra No. 314) so that appropriate action can be taken as per law. 7. We direct the authorities concerned to complete the process of demarcation and in case, the person concerned is found to have had encroached upon the government land, then the said encroachment be removed in accordance with law within six weeks from the date of demarcation. Learned Advocate General has assured the Court that necessary direction in this regard shall be issued forthwith for compliance of the orders of the Court to Superintending Engineer (PWD) , Joginder Nagar Circle, District Mandi. 8. Learned Amicus Curiae has expressed his satisfaction over the compliance affidavit as well as the assurance so given by learned Advocate General. 9. In view of above, this petition is disposed of with the direction to the State that after completion of the demarcation of the land, reference of which is made in para 7 of the compliance report, encroachment upon the government land, if any, be removed within a period of six weeks. 10. Before parting, we wish to place on record appreciation qua the efforts put in by Mr. Vikas Rathour/Mr. Jyotirmay Bhatt, learned Amicus Curiae, who, on the instructions of this Court obtained necessary feedback. 11. Registry is directed to send a copy of this judgment to the Deputy Commissioner, Mandi and Superintending Engineer (PWD) , circle Joginder Nagar, District Mandi and the letter petitioner to enable him to take follow up action, if any, with the concerned authorities.