Court on its Own Motion vs State of Jharkhand and Others

Learned G.P appearing for the State informs this Court that apart from four cities and the city of Ranchi indicated by this Court in the first order, they have taken steps to get the entire State encroachment free and for this matter, instructions have been issued to all the Deputy Commissioners of all the Districts.

This effort is appreciated, but what is required is follow up action. If the instructions are followed, then only the appreciation recorded hereinabove will have its meaning; otherwise this will only be lip service on the part of the State, if the encroachments in other parts of the State are not removed.

The affidavit filed today by the Bokaro Steel Limited is not only not satisfactory, but it shows a tacit colour of nonperformance where it says that only after the removal of encroachment mentioned in Paragraph 7, Paragraph8 will be addressed. This attempt is clearly discriminatory as submitted by Mr. Sohail Anwer and it is a good gesture on the part of Mr. Sohail Anwer, who is representing one of the clients and he has volunteered to remove his encroachment.

The State Government and the Bokaro Steel Plant are not only slow but are articulating their submissions before this Court in such a design that the B.S.L is removing the encroachments, but in fact, they are not removing. This situation and the affidavit of B.S.L are not satisfactory. Hence, the affidavit filed by the B.S.L is not accepted as compliance of the order of this Court.

The State Government and the B.S.L should come out clean. If the stand of the authorities continue to be what it is today, then they will be ordered to be proceeded for contempt on the next date of hearing.

The State was required to file a detailed compliance report of the earlier order. That be done by next date of hearing.

There is allegation coming out against the officers of the B.S.L. that they have distributed lands to their near and dear. This is one of the reasons that to camouflage the nonperformance, they are raising the plea of non assistance by the State. It is being said that they have not been able to remove the encroachments because the State is not helping them.

Learned G.P. appearing for the State submitted before this Court that as and when B.S.L officers ask for assistance, instant help will be available by the State.

Notwithstanding the aforesaid assurance from the State Government, refusal to remove encroachments in the garb of non assistance by the State Government cannot be appreciated. The allegation that the land has been distributed by the officer to their near and dear would be available to be inferred, and as aforesaid, proceedings will be initiated against the officers of Bokaro Steel Limited.

Put up on 19.04.2011.

I. A. No. 1037 of 2011 filed for intervention, in this matter, is rejected.