ARUN KUMAR-MUKHERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) I .A. No. 13948 of 1998 In this application the applicant prays that clear directions/guidelines may be given, so that the authorities concerned, who are engaged in the removal of encroachment from public land etc. act in conformity with the law and not in an arbitrary fashion. Having regard to the number of objections being filed before this Court, we feel that though we have clarified the matter in the past, we may once again state the guidelines at one place.

(2.) THE first question is whether if the width of the road at a particular spot tallies with the width of the road shown in the revisional survey map, it is still necessary to measure and correct the boundary of the adjoining plots of landholders. Since we are concerned in this case with public land which include not only the metal portion of the road but even the kuccha road on the flanks of the metalled portion, the authorities are strictly concerned with the encroachments made on the road which includes the flanks. We may clarify that the flanks may include not only the land, which is immediately adjacent to the metalled position, but also the land which may have been reserved for future widening of the road and in that sense forms a part of the road. If on measurement it is found that the width of the road in its comprehensive sense tallies with the width of the road, as shown in the concerned official map including R.S. map, there is no need to ask the landholders of the adjoining lands to correct their boundaries.

(3.) AFTER the authorities take measurement and mark the offending structures which they find to be in the nature of encroachment, the authorities may give written notice to the land holder indicating therein the width of the road, and the nature and extent of encroachment and requiring the landholder/encroacher to remove the encroachment within 72 hours. If the landholder fails to remove the encroachment within 72 hours at his own cost, the same may be removed by the authorities at the cost of the landholder.