TURABALI Vs. STATE OF M P

JUDGEMENT

(1.) THESE writ petitions, entailing common question of fact and law, are heard analogously and are being disposed of by this common order.

(2.) THE petitioners, four in number in Misc. Petition No. 715 of 1990 and eight in number in Misc. Petition No. 716 of 1990, have filed these writ petitions under Article 226 and 227 of the Constitution of India praying for quashment of notices dated 12.6.1990 (collectively marked as Annexure-'C' in Misc. Petition No. 715 of 1990) and notice dated 13.6.1990 (Annexure-'C' in Misc. Petition No. 716 of 1990) issued by the Sub-Divisional Officer-cum-Additional Tehsildar, Public Works Department, National Highway, Sub Division, Shajapur (M.P.) to all the petitioners under section 248 of the M.P. Land Revenue Code, 1959 (for short 'the MPLR Code') on the ground that the petitioners have made encroachments over the National Highway which were illegal and therefore, directions were given that the encroachments made in the nature of construction of Pucca Otals and Gallary, construction of Pucca shops be get demolished within a period of three days otherwise the same shall be demolished by the authority and the cost thereof shall be recovered from the petitioners and a fine of Rs. 1,000/- on such petitioners shall also be imposed.

(3.) IN reply of the petitions, the submission of the respondents is that it is a Government land and it was allotted for establishment of a Ginning Factory by the Government, therefore, the nature of the land cannot be converted into and the petitioners cannot be treated as owners of the land and since they have changed its nature, they are encroachers and the land being situated on the National Highway, the respondents were entitled to remove the encroachments.