JAWAHAR LAL JAISWAL Vs. DISTRICT MAGISTRATE COLLECTOR

JUDGEMENT

(1.) In the instant case, the petitioners have come up with the grievance that recovery certificate issued against them is illegal and it should not be allowed to be pressed and given effect to in view of the fact that Parishad authorities have not settled the matter by compromise with respect to illegal constructions made by them.

(2.) Without going into the legal niceties or otherwise of the case we take notice of the fact that illegal constructions were raised by the petitioners and there should not be allowed to be settled by compromise and the Parishad authorities have no right to power to settle the illegal constructions by compromise in liew of money, if nosing larger interest of the public at large. We take judicial notice of the fact that by compromise illegal constructions particularly of any markets which is adjoining to the roads while the area of the roads can not be increased whereas a number of vehicles as well as public are increasing manifold yearly and settlement of such illegal constructions by compromise will cause hazardous to the public life.

(3.) The petitioners' representation filed as Annexure-5 on Pages 15, 16, 17 and 18 clearly shows that the businessman of the locality including the petitioners have not taken care of law and are making illegal constructions adjoining to the road putting the public life in hazard. We cannot acquiesce such a proposition and the whole illegal construction built in such manner will not be to continue.