Amrendra Pradhan & Another vs State Of Jharkhand And Others

Sanjay Kumar Dwivedi, J

So far defect with regard to Annexure-3 in W.P.(Cr.) 416 of 2021 is concerned, is ignored for the time being.

The learned counsel for the petitioners submits that rest of the surviving defects have already been removed.

If the surviving defects are still there, the learned counsel for the petitioners shall remove it before the next date of listing.

These matters were taken on 06.12.2021 and it was mentioned on that day that over-night boundary wall has been constructed in front of the house of the petitioners and accordingly the matter was notified on that day and it was heard. The Officer In-charge of Argora Police Station was directed to serve a copy of notice upon the respondent no.8. The said notice was served upon the respondent no.8 on the same day by the Officer Incharge, Argora Police Station. On 07.12.2021, respondent no.8 appeared in person before this Court and she has given an undertaking for removing the boundary wall. Four days' time on her submission was allowed. This undertaking was in presence of Mr. Surendra Kumar Jha, the learned Senior Superintendent of Police, Mr. P.A.S. Pati, the learned G.A.-II and other counsels present in the Court and the matter was posted for 14.12.2021. On 14.12.2021 the counsel for the respondent no.8 appeared and submitted that boundary wall constructed in front of gate of the petitioners have already been removed. On that day, photograph of the road in question was produced before the Court which is also on the record and on examining of that it transpired that hindrance was still there and on that day Mr. Agarwal, the learned counsel for respondent no.8,on instruction, again undertaken that remaining obstruction shall be removed within two days. On his undertaking, the matter was adjourned for 17.12.2021. On 17.12.2021, the learned counsel appearing for the respondent no.8 submitted that further obstruction have been removed and the passage is provided to the petitioners and that was disputed by the learned counsel for the petitioners and it was submitted that the entire hindrance of the road has not been demolished yet in spite of the undertaking by the respondent no.8 and on instruction by the learned counsel for the respondent no.8, this Court directed Ranchi Municipal Corporation that a competent officer of Ranchi Municipal Corporation to visit the disputed site and give a report to the Court as to whether the original position has been restored or not by Monday. In the order dated 07.12.2021, in paragraph no.8, this Court has already observed that this Court has not opined on the right, title and interest of any of the parties.

Pursuant thereto, today Mr. L.C.N. Shahdeo, the learned counsel for the Ranchi Municipal Corporation submits that the counter affidavit is ready which has already been affidavited and the report of the competent officer of Ranchi Municipal Corporation is annexed therein. The said affidavit is taken on record. Alongwith this affidavit, photograph is also annexed. The report is signed by the Executive Engineer and Assistant Engineer of Ranchi Municipal Corporation which is dated 17.12.2021. In this report, it has been stated that the said road was constructed by the Ranchi Municipal Corporation. This report further suggests that encroachment is still there and it has not been restored yet. From the report and photographs annexed with this counter affidavit of Ranchi Municipal Corporation, it is crystal clear that encroachment in question has not been fully removed as yet inspite of undertaking given by respondent no.8 and the counsel for the respondent no.8. Thus, prima facie the respondent no.8 who has given undertaking in presence of Senior Superintendent of Police, Ranchi and the Government Advocate No.II is in contempt of this Court. It appears that respondent no.8 inspite of undertaking before this Court and advice of her counsel she has chosen not to remove the hindrance.

This Court is not inclined to issue any notice for contempt of Court and think it proper that it will be suffice that if a proper direction be issued for demolishing the unauthorized structure at the cost of the respondent no.8. When the construction was going on, the Ranchi Municipal Corporation has also requested the concerned Police Station about illegal/unauthorized construction which has been taken note of in the earlier first order passed by this Court. If such type of high handedness allowed to continue, there will be a far reaching impact on the entire society. This is happened in the capital city of Jharkhand. Since notice has already been issued on the respondent no.8, she has appeared before this Court in person and provided the undertaking, the counsel for respondent no.8 also present and inspite of earlier opportunity provided, the entire hindrance has not been demolished which is unauthorized in view of the report of Ranchi Municipal Corporation.

Accordingly, the Ranchi Municipal Corporation shall take steps to demolish or remove the unauthorized construction by taking assistance of local police personnel by evening of 21.12.2021. The Deputy Commissioner, Ranchi and the Senior Superintendent of Police, Ranchi shall ensure that adequate police force is deployed at the site and surrounding areas including to provide protection to the officials/staff engaged on the demolition of unauthorized construction and to facilitate them to commence the demolition of the unauthorized construction as referred in the report of Ranchi Municipal Corporation by evening of 21.12.2021. It is made clear that only those portions shall be demolished which is shown in the report and photograph of Ranchi Municipal Corporation.

Ranchi Municipal Corporation is at liberty to recover the expenses of demolition of unauthorized structure from respondent no.8.

Mr. Pati, the learned counsel appearing for the respondent State and Mr. L.C.N. Shahdeo, the learned counsel appearing for the Ranchi Municipal Corporation shall file a compliance report of this order by 22.12.2021.

Let this matter appear on 23.12.2021.

Let a copy of this order be supplied to the Mr. L.C.N. Shahdeo, learned counsel appearing for the Ranchi Municipal Corporation, Mr. P.A.S. Pati, the learned counsel appearing on behalf of the respondent State and Mr. Agarwal, the learned counsel appearing on behalf of respondent no.8 and Mrs. Ritu Kumar, the learned counsel appearing on behalf of the petitioners.