Ram Gopal Prajapati vs The State of Madhya Pradesh

Petitioners have filed this Public Interest Litigation petition, praying for the following reliefs:-

1) A direction be given to the respondents to take care for prevention of encroachment upon the land in question.

2) Further direction be given to the respondents to take effective steps for setting free of the govt. land from the unsocial elements who are putting their unlawful possession by constructing small huts upon the govt. land.

3) Further direction be given to the respondent to ensure this Honorable Court that no any obstruction has been created by any unsocial elements or any person in using the temple by the Hindus for their holly purpose to pay the respect and honor of the god.

4) The Municipal Corporation as well as Forest Officer be directed to ensure the construction of the boundary wall or wire fencing in respect of the Govt. Land which is being mentioned in survey number annexure P/2 to ensure that no further construction be made by person.

5) The SP and Station Officer of Janak Ganj be also directed to ensure that no any criminal or any unsocial elements be used the temple premises as a gambling house or the bar house they should not discharge their natural call and urinal in temple premises.

6) Any other relief which this Honorable Court fit in the facts and circumstances my be granted.

7) Costs of this petition be awarded.

The land for which the encroachment is alleged is known as Satya Narayan Ki Tekri and it is situated in the heart of the town and was having its own beauty. Once upon a time it was a picnic spot for the residents of Gwalior. It is also having a permanent stair case having more than hundred stairs from where one can reach to the top of the hill which is known as Satya Narayan Ki Tekri and take a view of the city. Allegation of the petitioners is that it is full of encroachments for which Collector has also written to respondent No. 4 vide Annexure P/5, but in spite of that and also in spite of repeated complaints, no action is being taken.

In the facts and circumstances of the case, the petition is disposed of with following directions:-

(i) that respondent No. 2 to 6 shall ensure that the land in dispute which is the State property is free from all the encroachments;

(ii) for the purpose of removal of encroachments, the respondent No. 2 shall appoint an officer who shall visit the site and shall take steps in coordination with respondent No. 4''s Officer-in-charge who shall be appointed by the respondent No. 2 shall submit a detail report about the action taken within four weeks to the Principal Registrar of this Court. Respondent No. 2 shall also see that encroachment from the Govt. land is completely removed within three months positively without fail.

(iii) respondent No. 2 shall ensure through officer-in-charge to restore the original beauty of the Satya Narayan Ki Tekri in consultation with respondent No. 6 to make the land in dispute clean and green.

With the aforesaid, petition stands disposed of. A typed copy of this order be supplied to Advocate General''s office for immediate compliance.

A typed copy of this order be supplied to Advocate General''s office for immediate compliance