SURYA PARKASH Vs. VINOD

JUDGEMENT

(1.) THE allegation against the petitioners is that they have encroached Rasta to the extent of one Karam. This encroachment is not in serious dispute but the counsel for the petitioners would say that it is not deliberate. He, however, points out that the petitioners have constructed a house for quite some time now. The photographs have been placed on record to show that sufficient path is available.

(2.) THOUGH the petitioners may not have any right under law to seek regularisation of their encroachment but still in equity I consider it appropriate to grant one opportunity to the petitioners to make representation before the Gram Panchayat. Gram Panchayat may consider the same in accordance with law and if they decide that this encroachment can be regularised on terms and conditions considered appropriate, the Panchayat may accordingly take a decision. In case the Gram Panchayat decides to regularise the encroachment done by the petitioners, they will take up the matter with the Deputy Commissioner for passing appropriate order. In that event, the demolition of the house of the petitioner shall remain stayed till the Deputy Commissioner decides the case. if on the other hand, the Panchayat decides not to regularise the encroachment, the necessary consequence will follow. In any event, the petitioners shall also be liable to pay penalty which has been imposed by the Collector. Order accordingly.