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Judgment
The petitioners have filed this petition against the order dated 27/03/2012 (Annexure P/1) passed by the Sub-Divisional Officer and the Executive Magistrate, Lashkar (Representation Committee), Municipal Corporation [Housing], Gwalior. By the aforesaid order, a direction has been issued to the petitioners to remove the construction over some portion of the Government land. The petitioners pleaded that they purchased the land area 14x50 sq.ft on 29/02/1988. Thereafter, they again purchased the adjoining land area 14 X 50 sq. ft. from Smt. Ganga Devi, vide registered sale deed dated 05/04/1988 and another portion of land area 22x47 sq.ft from Shri Nose Khan vide registered sale deed dated 02/09/2006 and also purchased other land subsequently. The petitioners further pleaded that they constructed the house over an area 65x 50 sq. ft. of land after taking permission from the Municipal Corporation, Gwalior. Earlier, the petitioners also filed a petition before this Court against demolition which was registered as Writ Petition No.2256/2012 and disposed of vide order dated 22/03/2012 with the following directions:
However, the petitioner is at liberty to file objections upto today or if no objection is filed by the petitioner, the objection submitted by the petitioner Annexure /8 be treated as an objection.
The learned counsel for the Corporation has further submitted that a committee has been constituted for the purpose of deciding the objection.
The Committee may consider the objection and may pass appropriate order in the matter. However, a time of seven days be granted to the petitioner if the order is against the petitioner to file appropriate proceedings. Upto that period, the order be not made effective.
With the aforesaid directions, the petition stands disposed.
No order as to costs.
C. C. as per rules.
In pursuance to the above directions issued by this Court, the petitioners again submitted a representation, copy of which has been filed as Annexure P/7 along with the petition.The petitioners pleaded that they had not made any encroachment over any portion of the Government land and they made construction over the area for which permission had been granted by the Municipal Corporation.
The Committee in the impugned order has observed that the petitioners were granted permission vide order dated 28/10/1989, to construct the house leaving 12.50 metre land from the centre of the road and the Corporation wants to widen the main road by 20 metre, hence, the petitioners had admitted encroachment over the Government land and subsequently, the petitioners were directed to remove encroachment up-to 03 metres.
In the impugned order, the Committee considered the objections of the petitioners and after considering the documents on record, has recorded a finding that the petitioners have made encroachment over the Government land.
In our opinion, under Article 226 of the Constitution, this Court cannot appreciate the evidence and the map in accordance with the pleadings of the petitioners that they have not made any encroachment over the Government land, that exercise can be done in a suit after appreciation of evidence.
Learned counsel for the petitioners relied on the judgments of Hon''ble Supreme Court in Raghbir Singh Sehrawat Vs. State of Haryana and Others, and Madhavrao Scindia (Dead) by LRs. Vs. Ramesh Jatav and Others, 2006 (1) SCC 379.
However, in our opinion, the aforesaid judgments are not applicable in the facts of the present case. Consequently, we do not find any merit in this petition. However, the petitioners are at liberty to file appropriate civil suit. The writ petition is disposed of with the aforesaid observation made earlier. No order as to costs.