IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 1076 of 2011
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Court On Its Own Motion Versus State of Jharkhand & Others
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE D.N. PATEL
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For the
Petitioner : Mr.I. Sinha, Amicus Curiae
For the
Respondent-RRDA : Mr. A.K.Singh
For the
Respondent-State : Mr. R.R. Mishra, G.P.
For the
Respondent-RMC : M/s. R.R.Nath, L.C.N.Shahdeo
For the
Respondent-Chamber
of Commerce : Mr. Pandey Niraj Roy
For the Intervenors : Mr. M.K.Dey, Sr. Advocate
Mr. Sohail Anwer, Sr.Advocate
For M/s Premsons : Ms. A.R.Choudahry
For the Respondent -BSL : Mr. Anand Sen
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07/ 29.03.2011
The State Government is not before this Court with any
definite answer. After so many orders being passed, they have to
remove encroachments. It is only brought to the notice that they
are only in the process of doing this. This is also being asserted by
the counsel appearing for the B.S.L. that they are in the process of
removing encroachments.
This stand of both is being countered by filing an
Interlocutory Application by Rohit Kumar Choudhary, another
Interlocutory Application by Bokaro Zilla Dukandar Sangh and the
third Interlocutory Application by Sadanand Sharma. The grievance
in these three Interlocutory Applications is that only small fishes are
being touched and those, who are big sharks, have not even been
looked at. All the big hoteliers and builders, who have tacit consent
with those who are in power, have not even been sounded. There is
no whisper in the work, which is undertaken by the State
Government and the B.S.L about the huge illegal constructions which
are in contravention of the terms of allotment of land of the B.S.L.
Even it is stated that the B.S.L has not filed any case for
unauthorized occupation of public property against those big
encroachers. It is also the grievance in one of the Interlocutory
Applications that there had been a large scale modifications in the
quarters constructed by the B.S.L and the maps have been violated.
No steps have been taken by the B.S.L in this regard.
On 1st April, 2011 the B.S.L and the State Government will
come out with their proposed action against all those who have been
alleged to have violated the terms of allotment of land to B.S.L.
It is pointed out by Amicus Curiae that so far the State
Government is not conscious of the illegal constructions. They have
only been addressing the question of encroachment.
They should address the question of illegal construction and
file their response on the next date of hearing.
Put up on 1st April, 2011.
(Bhagwati Prasad, C.J)
(D.N. Patel, J)
Dey/S.I.