SUMIT SINGH Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) In this 'Public Interest Litigation', the petitioner seeks direction upon the respondent to remove the alleged illegal encroachments in the area of Medininagar at Daltangonj, Palamau.

(2.) The case of the petitioner, in brief, is that the area of Medninagar at Daltangonj, Palamau is badly affected by illegal encroachments, which is causing inconvenience to the public. According to the petitioner, even after the notices, issued upon the encroachers by the office of Municipal Ward, Medninagar, for vacating the land belonging to the Municipal Ward, Medninagar, neither the encroachments have been removed nor any action has been taken for removing the said illegal encroachments and hence the Public Interest Litigation.

(3.) A supplementary counter affidavit has been filed by the respondents on 2.12.2013 sworn by Executive Engineer, Municipal Council, Medininagar, in which, it is stated that the District Administration has removed the re-encroachers of the Municipal land on Nawahata-Durgabari Road at Medininagar on 24.10.2013 and 25.10.2013. It is further stated that vide memo no. 762 dated 9.10.2013, the District Administration has further fixed up the responsibility on the Executive Officer of Medininagar Municipality as well as the Officer Incharge of the Medininagar Town Police Station to be vigilant and watchful so that in future no such incident of re-encroachment occurs. In paragraph 5 of the said affidavit, it is further stated that "a scheme has been floated to rehabilitate the displaced 33 persons and under the said scheme and 03 decimals land has been settled in favour of each of the displaced persons in the village Sahpur within the Chainpur Anchal in the district of Palamau and Parchas have been handed over to them".