Bhagwan Birsa Sewa Sansthan Th vs State Of Jharkhand & Ors on 16 November, 2011

Jharkhand High Court
Bhagwan Birsa Sewa Sansthan Th vs State Of Jharkhand & Ors on 16 November, 2011
                                 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.

(Prakash Tatia.,C.J.)

(P.P.Bhatt, J.)
dey

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