IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 6141 of 2008
Rajneesh Misra Vs. Union of India & Others
With
W.P. (PIL) No. 720 of 2010
Smt. Manju Singh Vs. State of Jharkhand & Ors.
With
W.P. (PIL) No. 1872 of 2010
Ashish Kumar Singh Vs. State of Jharkhand & Ors.
With
W.P. (PIL) No. 2519 of 2010
National Hawker Federation, Ranchi Vs Union of India & Ors.
With
W.P. (PIL) No. 1968 of 2010
Ashish Kumr Sijgh Vs. State of Jharkhand & Ors.
With
W.P. (PIL) No. 1329 of 2010
Ashish Kumar Singh Vs. State of Jharkhand & Ors.
With
W.P. (PIL) No. 1911 of 2010
Ram Ayodhaya Singh Vs. State of Jharkhand & Ors.
With
W.P. (PIL) No. 4081 of 2009
Dilip Rajgarhiah Vs. State of Jharkhand & Ors.
CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE D.N.PATEL
For the Petitioner : J.C. to Mr. D. Jerath
For the RespondentState : Mr. R.R.Mishra, G.P.II.
For the RespondentPollution Control Board : M/s. S. Anwer, Sr. Advocate
A.K. Pandey
For the Respondent RMC & RRDA : M/s R.R.Nath, A.K.Singh
For the Respondent UOI : Mr. Md. M. Khan
For the Intervenor : Mr. V.P. Singh, Sr. Advocate
For the IntervenorJharkhand Chamber of
Commerce & Industries : M/s Pandey Niraj Rai
Mr. Rohit Ranjan Sinha
32/ 16.03.2011
The directions issued by this Court vide order dated 28th April 2006 in
W.P.(PIL) No. 738 of 2005, read as follows:-
“28.4.2006- xx xx xx
(i) The authorities are directed to continue with the
process of removing all encroachments/projections from
different roads, flanks, government lands etc.
(ii) The District Administration, including the Deputy
Commissioner, Ranchi, Sr. Superintending of Police,
Ranchi City S.P., Ranchi as also the Administrator,
Ranchi Municipal Corporation, Ranchi, are directed to
remove simultaneously the debris of the demolished
unauthorized constructions/projections.
(iii) The Officer Incharge of each Police Station at
Ranchi township are directed to ensure that no fresh
encroachment/projection/unauthorized construction is
made on roads, flanks or government lands in near
future, failing which they will be made liable and the
State Government may be asked to take appropriate
action against them.
(iv) If any encroacher is found encroaching or
constructing unauthorized construction over the road,
flank, government land etc. henceforth, a cost of Rs.
1500/- be imposed on each of the encroachers by the
order of the court, apart from taking penal action
against such encroacher(s) and charging penal fee, as
per the law.”
Further vide order dated 1st September 2006, the following orders were
passed:
“1.9.2006- xx xx xx
In the matter of Public Interest Litigation where
the public interest is involved, we are of the considered view
that as and when we find any of the officers not doing the work
sincerely or not complying the order of this Court, we shall not
hesitate in directing the Government to remove those officers
and initiate departmental proceedings against them”.
While drawing the attention of the learned G.P.-II towards these
directions and orders, he is directed to file his response to these orders and whatever
indicated in these orders should be accomplished and the compliance should be
reported to this Court on 1st April 2011.
Needless to say that the officers, who were required to be proceeded in
terms of the orders referred to herein above, should be proceeded against
appropriately, if they are in service, and if they have retired, then necessary
proceedings against them be initiated for which necessary permission from the
Government be obtained and the aforesaid compliance should be reported to this
Court on the next date of hearing.
At the request of the parties, W.P. (C) No. 3643 of 2010 is also
ordered to be heard along with these matters.
Affidavit filed on behalf of the Federation of Jharkhand Chambers of
Commerce Industries (in short “Chambers of Commerce”) shows that they are
prepared to make a call to their members for removing encroachments.
The effort and attempt on the the part of the Chambers of Commerce
deserves appreciation. If any member of the Chambers of Commerce accepts the
persuasion of the Chambers of Commerce and gives in writing to the officer of the
Chambers of Commerce that he is going to remove the encroachment, within four
days, then the Chambers of Commerce will inform the authorities that such person
having the required action by himself, on such information having communicated
agreed to do the authorities will not take any action against that person for the next
week and he will be permitted to remove the encroachment by himself. However,
this will only be subject to the endorsement of the acceptance of the request the
Chambers of Commerce for that encroacher and when the encroacher gives an
undertaking to the Chambers of Commerce, the Chambers of Commerce will
forward that acceptance of the encroacher to the authority concerned.
List all these matters on 25th March, 2011.
(Bhagwati Prasad, C.J.)
( D. N. Patel, J.)
R.Kr./VK