BACHCHA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the petitioner and the counsel appearing for the Zila Parishad, Siwan and its officials.

(2.) THE petitioners faces a threat of demolition of portion of his house at the instance of Zila Parishad, Siwan. The house of the petitioner stands on revisional survey plot no. 1652, under Khata No. 470 and is situate at Mauza Sehauta within Mahrajganj Police Station in the district of Siwan. The functionaries of the Zita Parishad have put some red marks on portion of the house indicating that the house encroached upon land belonging to the Zila Parishad and was, therefore, required to be demolised to the extent shown in the marks. Needless to say that no notice to show cause was given to the petitioner in this regard and no proceeding under any statute was ever initiated. The only notice given to the petitioner was dated 3.8.1996 (Annexure 5) which ordered him to remove the encroachment by 15.9.1996 failing which, it was stated in the notice, that demolition will be carried out forcibly. It may also be noted that even this notice gave a wrong plot number and mentioned plot no. 1660 although the house of the petitioner over which red marks are put is situate on plot no. 1652. It may be stated here that the Zila Parishad justifies its action in taking steps for demolition of the petitioner 's house on the basis of directions given by a bench of this court in C.W.J.C.No. 2290/90 asking the administration to remove encroachments from roads and public paths after taking measurements and even without instituting a proper proceeding under the Public Land Encroachments Act. Now it is to be seen how far the Zila Parishad and its officials can be justified in trying to take advantage of the directions given by this court in the aforesaid case.

(3.) A counter affidavit has been filed on behalf of the Zila Parishad. In paragraph 3 of the counter affidavit, it is stated : ''That the aforesaid land of the then District Board was leased out in favour of the petitioner for a period of one year and after completion of the said period of one year the land automatically became in peaceful possession of the then District Board, now Zila Parishad, Siwan. Since then it was/it is in peaceful possession of the Zila Parishad, Siwan."