Badri Prasad Sao @ Badri Sao and Others vs State of Jharkhand and Others

D.N. Patel, J.—Learned Counsel for the petitioners submitted that the land, in question, is in their occupation since 1947 and they are doing some business activities over the land, in question, and their constructions ought not to have been demolished by any of the respondents, without giving an opportunity of being heard to them. On the contrary, there are several allegations, levelled by the learned Counsel for the petitioners, upon some of the respondents that they have demolished back side of their shops.

Be that as it may, learned Counsel for the respondent-State has stated that u/s 3 of the Bihar Public Land Encroachment Act, 1956 (hereinafter to be referred as "the Act, 1956" for the sake of brevity) proceedings have been initiated for the purposes of widening of the road and it is fairly submitted by the learned Counsel for the respondent-State that the proceedings will be completed as early as possible and practicable, preferably within a period of ninety days from the date of receipt of a copy of the order of this Court and the petitioner should also cooperate with the hearing. It is also fairly submitted by the learned Counsel for the respondent-State that till the proceedings under the Act, 1956 are finally decided, the structure, in question, will not be demolished/disturbed.

Learned Counsel, appearing on behalf of respondent Nos. 6 and 7, has vehemently submitted that the petitioners are the encroachers and they are not the owners of the property, in question, and several misleading statements have been made by the petitioners.

Having heard learned Counsel for both the sides and looking to the facts and circumstances of the case, it appears that the proceedings under the Act, 1956 have already been initiated by the State and it has been assured by the learned Counsel for the respondent-State that the said proceedings will be completed as early as possible and practicable, preferably within ninety days from the date of receipt of a copy of the order of this Court, after giving an adequate opportunity of being heard to the petitioners or to their representative(s) as well as after giving an adequate opportunity of being heard to all the affected parties, including respondent Nos. 6 and 7 and looking to the assurance given by the learned Counsel for the respondent-State that meanwhile the structure, in question, will not be demolished/disturbed, I hereby direct the State of Jharkhand and its authorities to hear and decide the proceedings under the Act, 1956, as early as possible and practicable, preferably within ninety days from the date of receipt of a copy of the order of this Court, after giving an adequate opportunity of being heard to the petitioners or to their representative(s) as well as after giving an adequate opportunity of being heard to all the affected parties, including respondent Nos. 6 and 7, and I further direct that till the proceedings under the Act, 1956 are completed, the structure, in question, will not be demolished/disturbed by the State of Jharkhand.

I also direct the concerned officer of the State of Jharkhand that immediately from today, coloured photographs of all these properties will be taken from all the angles and from all the sides, so as to prevent further construction or demolition and all these coloured photographs as well as Panchanama shall be drawn with the signatures of two witnesses and that the same will be kept with the high-ranking officer of the State.

This writ petition is, accordingly, disposed of with the aforesaid observations and directions.