W. P. No. 14159/2006
12.5.2010
Petitioner present in person.
Shri Kumaresh Pathak, learned Dy. Advocate General for
respondents No.1 to 7.
Shri Anshuman Singh, learned counsel for the respondent No.8.
Heard on I.A.No.4047/2010. This application is moved on behalf
of respondents No.1 to 7 for modification of this Court’s order dated
12.3.2007.
The writ petition is filed as a Public Interest Litigation highlighting
the inaction on the part of the respondents in not removing the
encroachment and illegal constructions over the land belonging to Neta
Subhash Chandra Bose Government Medical College & Hospital,
Jabalpur (hereinafter referred to as NSCB Medical College & Hospital,
Jabalpur for short). It has been inter alia alleged that several
Government employees including private persons have encroached
upon the land belonging to the Medical College and made constructions
over the same without any permission and sanction of the plan from
concerned authorities which is causing inconvenience to the doctors,
students, medical staff and the patients of the Medical College. It has
also been alleged that the encroachments have been made by several
government employees and private persons and, therefore, direction is
sought to conduct a survey in the area of the NSCB Medical College &
Hospital, Jabalpur, and a further direction has been sought to authorities
to remove the encroachments and to ensure that no further
encroachment takes place in future.
This Court vide order dated 12.3.2007 after hearing learned
counsel for parties, directed that since land belongs to NSCB Medical
College & Hospital, Jabalpur, the same cannot be encroached by any
person. It was further observed that all the encroachments will be
removed forthwith in accordance with law. Accordingly, the Collector-
respondent No.4 was directed to initiate action for removal of
encroachments from the land belonging to NSCB Medical College and
Hospital, Jabalpur, in accordance with law.
Shri Pathak, learned Dy. Advocate General submitted that
pursuant to the orders passed by this Court, respondent No.4 had
initiated an action for removal of the encroachment but looking to the
large number of encroachers i.e. about approximately one thousand in
number, it has become difficult to remove the encroachment as they are
creating law and order problem in the area. It was further submitted by
the learned Dy. Advocate General that 96.40 hectares of land belong to
NSCB Medical College & Hospital, Jabalpur, out of which 17.71
hectares of land is under encroachment. District Administration has
decided to get five hectares of land released from Medical College for
the purposes of construction of house under JNNURM Scheme. It has
been further submitted that if five hectares of land is released, it would
not adversely affect the expansion plan of Medical College, Jabalpur.
Accordingly, prayer has been made by learned Dy. Advocate General
that order dated 12.3.2007 be suitably modified.
Having heard the petitioner who is present in person as well as
learned Dy. Advocate General, we are not inclined to modify the order
dated 12.3.2007. Admittedly, the land belongs to NSCB Medical
College & Hospital, Jabalpur. The aforesaid land cannot be allowed to
be used by private persons for their residential purposes. From perusal
of application for modification, filed on behalf of respondents, we find
that a bald statement has been made that if encroachments are
removed, it will create law and order problem in the area. No particulars
have been furnished as to when attempts were made to remove the
encroachment and how it resulted in law and order problem. No
material has been brought on record to show that State Govt. which has
allotted the land to Medical College has taken any decision to get back
the land from Medical College. In the application it is averred that
district administration has prepared a proposal. Thus, it is apparent that
competent authority i.e. the State Government has not taken any
decision in this regard. If five acres of land is released and is settled in
favour of encroachers under JNNURM Scheme, the same would
tantamount to putting premium on the conduct of persons who are
trespassers and have illegally occupied the land of the NSCB Medical
College & Hospital, Jabalpur, and which would make a bad precedence.
The encroachers have no authority in law to remain in occupation of the
government land and, therefore, if any leniency or discretion is
exercised in favour of the encroachers, that would be against the
established principle of equity, justice and fair play. The direction to
remove the encroachment by this Court was given and, therefore, it is
amazing rather shocking that though more than three years have
passed, but no effective steps have been taken so far to remove the
encroachments. This reflects the lackadaisical and cavalier approach of
the respondents. We do not appreciate this lackadaisical and cavalier
approach of the respondents. Therefore, all the encroachments are
required to be removed forthwith as has been directed by this Court vide
order dated 12.3.2007. For the aforementioned reasons, application for
modification of the order dated 12.3.2007 is rejected.
Shri Pathak, learned Dy. Advocate General fairly submitted that
steps were initiated by the Collector for compliance of the order of the
Court. However, on account of unavoidable circumstances, the order
passed by the Court could not be implemented. However, learned
Dy.Advocate General assures this Court that Collector shall initiate
action for removal of encroachment on the land belonging to NSCB
Medical College & Hospital, Jabalpur, and the same would be
completed expeditiously, preferably, within a period of six months.
Learned Dy. Advocate General further stated that Collector shall file a
compliance report with regard to the action taken by him for removal of
the encroachments.
In view of the statement made by learned Dy. Advocate General,
let the matter be listed after six months.
Certified copy as per rules.
(S.R.Alam) (Alok Aradhe)
Chief Justice Judge
A.Praj.