IN THE HIGH COURT OF JHARKHAND, RANCHI W.P (PIL) No. 3023 OF 2008 Bhagwan Birsa Sewa Sansthan Vs. State of Jharkhand & Ors. -------
CORAM HON'BLE THE CHIEF JUSTICE HON'BLE MR.JUSTICE P.P.BHATT For the Appellant/Petitioner Mr.L.C.Roy For the Respondent-State JC to Sr.S.C.I For the Respondent-NHAI Ms.S.Topno --------- Order No. 26 Dated 16th November, 2011
Learned counsel has put in appearance on behalf of the National Highways
Authority of India and after seeking time fairly submitted that NOC has been
granted by the National Highway Authority of India on 29th September, 2011.
However, learned counsel for the State submits that no permission has
been granted but some unauthorized occupants are on the land in question and
only the National Highways Authority of India can remove those unauthorized
occupants from the land.
The State has filed supplementary affidavit today. Copy of the same may
be given to the counsel appearing for the National Highways Authority of India,
who may respond to the supplementary affidavit, stating specifically as to whether
permission has been granted to the State for the land which is occupied by the
encroachers and if the land in question is vested with the National Highways
Authority of India, only the National Highways Authority of India is competent to
remove those encroachers and the National Highways Authority of India should
also show cause as to why the encroachers have not been removed till now from
the land in question, which is obstructing the important project of laying pipelines of
the State Government.
Copy of this order be given to the counsel for the National Highways
Authority of India.
Put up this case on 30.11.2011.