Ramesh Chand Meena Son Of Kajoda v. State Of Rajasthan Through Chief Secretary
2022-01-13
BIRENDRA KUMAR, MANINDRA MOHAN SHRIVASTAVA
body2022
DigiLaw.ai
JUDGMENT : 1. Heard. 2. This Public Interest Litigation has been filed by the petitioners with the following prayers:- 3. It is, therefore, most respectfully prayed that your Lordships may graciously be pleased to admit and allow this writ petition and: (i) issue a writ order or direction in the nature thereof thereby call for the entire record of the of the pathway upon the land bearing Khasra No. 164 situated at Village Nangli, Taraf Bayata, Tehsil Laxmangarh District Alwar and may kindly stop illegally raising construction upon the land bearing Khasra No. 159 of Pond, Khasra No. 161 of temple and Khasra No. 162 of school situated at village Nangli, Taraf Bayata, Tehsil Laxmangarh, District Alwar; (ii) The Hon'ble Court may kindly be pleased to call for the entire record of the case and after examining the same direct the respondents to raise constructions of road upon the land bearing Khasra No. 164 measuring 91 Ft. from that mid/centre situated at village Nangli, Taraf Bayada, Tehsil Laxmangarh, District Alwar as per the report dated 30.05.2016; (iii) The Hon'ble Court may kindly be pleased to held responsible the official respondents who have failed to remove illegal encroachment made upon the land of pathway above said and further directed the official respondents first to remove illegal encroachment made by the private respondent upon the above said Khasra No. 164 and then to construct road on the pathway as per the report dated 30.05.2016; (iv) The Hon'ble Court may kindly be directed the official respondents save the land of school, temple and pond at village Nangli, Taraf Bayada, Tehsil Laxmangarh, District Alwar. (v) Any other appropriate order or directions which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may also be pleased in favour of the humble petitioners. (vi) Costs of the writ petition may also be awarded in favour of the petitioners. 4. According to the petitioners, who have filed this Public Interest Litigation alleging encroachment on the land comprising Khasra No. 164, instead of removing encroachment while constructing road part of lands comprising in Khasra No. 159 which was earmarked for pond, Khasra No. 161 which is having temple and Khasra No. 162 where school is constructed has been taken for consideration. 5. This court had issued notice to the respondents and affidavits have been filed stating various elaborate inspections carried out.
5. This court had issued notice to the respondents and affidavits have been filed stating various elaborate inspections carried out. This court also passed an order regarding ensuring 90 Ft. wide road. Again an elaborate inspection was carried out by the authority on 11.11.2019 and thereafter a supplementary affidavit has already been filed which shows various measurements taken and position of encroachment. The report shows that the width of road at different places varying. At some place, the road is shown to be 40-45 Ft. whereas at some places road is shown to be 90 Ft. In clause (f) of the supplementary affidavit, various encroachments have also been indicated. 6. Considering the totality of the material on record which has been placed before us and the pleadings which have been filed by both the parties, what transpires is that the construction of road is to be made at Khasra No. 164. More so, width of the road is also earmarked as 90 Ft. as certain encroachments are there while constructing and the part of the land comprising in Khasra Nos. 164, 161, 162 has also been alleged to be used. 7. In our opinion, this court cannot make further factual enquiry in this case. The team of Revenue officers is to be constituted by the Collector which shall examine the whole issue. If certain encroachments are found, appropriate action would be taken in accordance with law to remove encroachment. It will be ensured that 90 Ft. wide road is stretched wherever it has not been done while removing encroachment. 8. The Committee shall be constituted by the Collector within a period of 30 days from the date of receipt of the certified copy of this order. The Committee shall submit its report to the Collector within the next 30 days from the date of constitution of the Committee and the Collector shall pass necessary orders for taking appropriate action within the next 45 days. 9. The petition stands disposed off.