KALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as the State.

(2.) It appears that Biharsharif roads are notoriously narrow and have been encroached upon by shop-keepers and vendors who expose their goods even on that narrow roads. The authorities with the object to make it reasonably passable for vehicle took some steps to remove some encroachment.

(3.) Learned counsel for the petitioner submits that such steps cannot be taken without resorting to a proceeding either under Bihar and Orissa Municipal Act or Bihar Lands Encroachment Act. Learned counsel for the Respondents on other hand submits that for every now and then encroachment the long drawn procedure is neither feasible nor in public interest. The authorities do not intend to touch those who have title to the property where they expose their eoods or extend their building or projections The intention is to remove encroachment from lands upon which the cancerned person has no title.