KUSHTHA SEWA SANSTHA Vs. SANJAY KUMAR RATHORE

JUDGEMENT

(1.) The petitioners before this Court have filed this present petition being aggrieved by the order dated 27.07.2020 (Annexure-P/1) passed by the appellate authority under the Madhya Pradesh Eviction Unauthorized Occupants Act, 1971.

(2.) The facts of the case reveal that a 500 bedded hospital is being constructed by Employee State Insurance Corporation (hereinafter referred as ESIC) and ESIC is incurring an expenditure of Rs.400 crore. There were large number of unauthorized occupants over the land belonging to ESIC and all kind of hurdles were created in the matter of construction of hospital. The construction of hospital with great difficulties has started and a writ petition was preferred by one Manohar Deval i.e. W.P. No.7615/2011 and the respondents therein have been permitted to take possession of the land in question and to proceed ahead with the construction work of the ESIC hospital.

(3.) It was observed in the aforesaid case that the respondents, while evicting the person, will follow the procedure as prescribed under the Madhya Pradesh Lok Parisar Bedakhli Adhiniyam, 1974 (hereinafter referred as the Adhiniyam of 1974). The aforesaid writ petition is still pending and various Interlocutory Applications were filed in the aforesaid case from time to time. There were other persons also against whom proceedings were initiated and the present petitioner also came up before this Court by filing a writ petition i.e., W.P. No.1766/2020(O) [Kushtha Sewa Sanstha v/s Union of India & Others] and this Court has dismissed the writ petition by an order dated 22.06.2020. 04. The order dated 22.06.2020 passed in W.P. No.1766/2020 reads as under:- "