STATE OF CHHATTISGARH Vs. RAMA MESHRAM

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 29.06.2005 passed by Additional District Judge, Bilaspur (C.G.) in Civil Suit No. 12- A/2005, wherein the said court decreed the suit of respondent and awarded Rs. 1,50,000/- as compensation to the respondent against appellants for demolition of some part of her shop which was constructed over land bearing Khasra No. 759/02 area 3.00 dismil situated at Patwari Halka No. 23, Tifra, Bilaspur (C.G.)

(2.) As per the appellants, any construction is permitted only after leaving 40 ft. from middle of road of Public Works Department. The respondent constructed shop encroaching Government land and shop was found within 40 ft. from middle of road, therefore, the respondent and others were asked to remove the illegal construction. Some encroachers have removed their construction, but respondent did not remove her illegal construction that is why some part of illegal construction was removed in discharging official duty by the officers of revenue/ police department and the same was done bonafidely to maintain flow of traffic which was obstructed by illegal construction. Removal of illegal construction was necessary in public interest and no one objected to it. The act of removal of encroachments was the sovereign act done in good faith.

(3.) Learned counsel for the appellants submits as under :-