SHILA SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the counsel for the parties.

(2.) ORIGINALLY the writ petitioners have come being aggrieved by the communique dated 8.7.2008 (Annexure -10) issued in the newspaper from the office of Executive Engineer, Road Division, Road Construction Department, Adityapur, Jamshedpur by which, in respect of the information contained at Serial No. 5 of the said communique, a notice has been issued directing for removal / demolition of the building in the garb of encroachment by the petitioners. An interim order was passed in the present writ petition on 20.9.2009 directing that no coercive action shall be taken against the petitioners in pursuance of Annexue -10. The matter remained pending and affidavits have been filed by the respondents. The petitioners, however, preferred an I.A.3152 fo2012 in the present writ application with an urgent plea being aggrieved with the actions of the respondents - State Officials / District Administration on the basis of memo no. 1520 dated 19.6.2012 whereby the petitioners were directed to remove the constructions or else the same shall be removed with the help of District Administration. The petitioners were further informed to remain present at the time of measurement on 25.6.2012. The petitioners contented that the respondent - authorities resorted to police force and starting dumping soil over the vacant portion of petitioners' land used for parking space. The petitioners obviously being aggrieved by the said action and also in view of the interim order passed earlier, approached this Court in the instant interlocutory application for immediate relief. The respondent - Housing Board and the State authorities filed their respective responses. It was contended by the State authorities that the State Highway No. 5 was under construction between Adityapur to Kandra in which major construction of the road was completed but was inhibited because of the alleged encroachment made by the petitioners on the State Highway contiguous to the land allotted to the petitioner between the chainage of 1.650 Kms to 1.730 Kms.

(3.) THE matter was adjourned on few dates, thereafter the Pleader Commissioner report has been submitted. On the last date, time was allowed for inspection and perusal of the said report by all the parties. They were allowed to obtain the certified copy of the Pleader Commissioner's report also containing the map attached to it. There are 3 maps attached to the Pleader Commissioner's report. After an exercise conducted by the Pleader Commissioner in the presence of petitioner, Executive Engineer of the Housing Board and the Land Revenue Deputy Collector, respondent - District Administration, the Pleader Commissioner has compiled his report enclosing 3 maps. Fixed points were taken in the presence of the parties in order to identify the area of the petitioners' plot out of the total area in plot no. 261 which was the mandate given to the Pleader Commissioner under the orders of this Court. The Map no.1 is a general map giving broad description of the plots and adjoining areas and also include the fix point i.e. S to S6. The Map No. 2 shows the blue shaded area which comprises 5399.48 sq.ft. The Map No.3 shows an area of 6254.52 sq.ft. in plot no. 261 of the Housing Board.