SANJAY BAJAJ Vs. WEST CENTRAL RAILWAY

JUDGEMENT

(1.) Heard on the question of admission. Shri Devesh Bhojne, Advocate, who is also in the panel of counsels for the Railways and was present in the Court, was requested as to whether he would accept notice on behalf of the Railways or not ? He graciously accepts the notice on behalf of respondents no.1 and 2 and prays for two weeks' time to file the return. Counsel for the petitioner is directed to supply copy of two sets of writ petition to Shri Bhojne, Advocate during the course of the day. It is the case of the petitioner that he is already facing a proceeding under Sec. 248 of the M.P.L.R.Code and now the Railways have issued a final verdict thereby directing the petitioner to remove the construction else the structure, which, according to the respondents no.1 and 2, is illegal, shall be removed and the expenses of such removal shall be recovered from the petitioner.

(2.) It is submitted by counsel for the petitioner that in the month of March, 2023, a demarcation was carried out at the behest of the Railways and it was found that the petitioner has not encroached upon the land belonging to the Railways. It is further submitted that the petitioner has filed Khasra Panchshala to show that he is owner of Khasra No.156/2/2/2 whereas Railway is owner of Khasra No.160.

(3.) Considering the submissions made by counsel for the petitioner and the possibility of irreparable loss which may be suffered by the petitioner on account of immediate removal/destruction, it is directed that construction in question shall not be disturbed/removed till next date of listing. List this case on 30/1/2024.