RAJESH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS contempt petition has been filed against the sitting Central Minister, Subodh Kant Sahay alleging that in spite of positive direction of this Court in the Public Interest Litigation for removal of encroachments with very strict direction to the State Government to remove the encroachment not only of the poor but also from the multi -storied buildings, the said sitting central minister personally went to the spot and sat on Dharna and thereby obstructed the implementation of the order of this Court. It is also submitted that such person holding such high post personally indulged in obstructing the implementation of the order of the Court and thereafter, gave statement in press which certainly undermined the authority of the Court and amounts to criminal contempt of Court. Learned counsel submitted that he applied for permission of the Advocate General for initiating criminal contempt proceeding against respondent no. 3 but he has not received any communication, rejecting his request for initiation of criminal contempt proceeding nor any permission has been communicated. Therefore, learned counsel prayed that this Court may take suo motu cognizance of the offence committed by the contemnor -respondent no. 3.

(2.) WE are of the considered opinion that High Court in Public Interest Petition has already observed in other orders that in extraordinary situation prevailing in the State of Jharkhand, extraordinary measures were taken by the High Court and thousands of encroachments were successfully removed. There may be some outburst and there may be some reaction without knowing the fact and understanding the law. And it is also not the case of any of the parties anywhere, which is clear even from the newspaper reporting, placed on record or in any petition before this Court that anybody has claimed the right to encroach upon the public land. The only grievance of some persons was to the effect that before removing encroachments some alternative arrangements should have been made by the Government and the Government should have taken remedial measures. That appears to be only for the purpose of getting sympathy of those persons who suffered because of the total callousness and negligence as well as because of the criminal negligence on the part of the Government officials in connivance with some of the small leaders so as to permit the encroachers to encroach upon the Government land. We may again say that no petition has been filed in any matter stating therein that anybody has right to encroach upon the Government and public land. It is to be understood well that law which has been enacted by the law makers only was enforced by the High Court by passing orders for removal of encroachments because of the failure of the executive authorities in long time which may be because of the failure of the various Governments and may be due to false promises and pressure of the local politicians. The problem of encroachment reached beyond any proportion, therefore, High Court had no option but to pass order for removal of encroachments. In that situation if someone gave some statement or over -reacted, the Court cannot be so touchy and particularly when that stature personality could not prevent State machinery to execute the Court 'sorder nor could get support term law abiding persons and Court 'sorders were duly executed and implemented. It clearly indicates that in fact this was a general support of all public to clean all the various cities of the State of Jharkhand in accordance with law and to give relief to the large number of public who are even, in number in millions, as compared to the encroachers who may be in number of thousand. The silence of law abiding citizens and not agitating against the wrong doers does not mean that law abiding persons have no voice and Court is required to hear the voice of silence also and do justice to the law abiding citizens. In case encroachment can be recognized then it will be holding that the law abiding persons are paying to the Government and local bodies for purchasing land and houses and paying the charges for construction permission etc. and wrong doers have right to get the land free of cost and such persons has right to construct without payment of fees and has right to encroach the land without of any limit of area, whether it is appropriate to their need or beyond their need, which may result into very chaotic situation and only it can be acknowledging that either there is no law or rule as well as there is no vigilant. Court. Even after passing of so much of time to the order dated 4th April, 2011 and removal of the encroachment by the State Government effectively, this Court is of the view that none of the Courts ever has held that anybody for any reason has right to encroach upon Government and public properties.

(3.) WE have observed in view of the fact that it has been submitted by learned counsel for the petitioner that respondent no. 3 has personally gone on the spot and provoked the public and, therefore, we are making it clear that Courts are also conscious of the plight of those poor persons and observations are only to touch the conscious of the State Government as well as the Central Government to address those issues as early as possible before the cities of the Jharkhand become the metro cities of the country having a problem of more higher magnitude as compared to the other metro cities. Taking a step of removal of encroachment by the High Court at this stage certainly will also be a relief to those poor who under wrong promises and hope may went to encroach upon the land in hope that they will also have some right and will enjoy the property right on the encroached land with the help of certain officials or politicians. This type of measures taken in the extraordinary situation will certainly warn those persons who encroached upon the Government lands that even after several years of their possession and even after spending of thousands of rupees their encroachment can be removed. This may also be a warning to big building owners and persons who are running big complexes that any time and any length of time cannot save them from the consequences of their illegal action.