Monday, September 26, 2022

Encroachments in Anekal: Karnataka HC directs Tahsildar to examine grievance

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The Karnataka High Court has directed the Tahsildar to examine the grievance against encroachments in Kachanayakanahalli Village, Jigani Hobli, Anekal Taluk.

The Division Bench of Acting Chief Justice Alok Aradhe and Justice S. Vishwajith Shetty disposed of a Public Interest Litigation (PIL) filed by one N. Jayapal Reddy on encroachments in the area.

Instead of examining the grievance for the first time in this proceeding, the Bench deemed it appropriate to direct that the aforesaid grievance at the first instance should be examined by the Tahsildar.

He thereafter shall take appropriate legal action in accordance with law after due process and after affording an opportunity of hearing to all.

The Bench therefore issued the following directions:

i. The petition be treated as a representation made to Deputy Commissioner and Tahsildar about the encroachments made on the subject land which incidentally is government land/ public property.

ii. Tahsildar shall cause an enquiry to be made into the grievance and shall be obliged to take an action against the encroachers for removal of encroachments on the public property with utmost despatch by following the due process of law and by giving opportunity to all concerned.

iii. If Tahsildar finds any difficulty in taking follow up action as per direction issued by him, he must report the fact to this Court and seek appropriate directions as may be required.

iv. Tahsildar may request jurisdictional Police to provide sufficient police force for security arrangement. If such a request is made, the jurisdictional Police shall personally ensure that adequate police force is deputed on the site, on the date and time notified by Tahsildar for proceeding with removal / demolition of encroachment / unauthorised structure on the public property.

v. Any person aggrieved by the decision / action of the Tahsildar will be free to challenge the same by way of an appropriate proceeding if so advised before the court of competent jurisdiction.

vi. If any adverse order is passed by Tahsildar, the affected person(s) will be given a week’s time before taking action on the basis of aforesaid order to enable the concerned person(s) to assail that order by way of appropriate proceeding before the court of competent jurisdiction.

“The action taken report shall be filed by Tahsildar before this Court on or before 25.09.2022. If such a report is not filed, the matter be listed on 10.10.2022 under the caption “directions” for passing appropriate orders. Liberty is also granted to the petitioner to move this Court if the action taken report is deficient or discloses that complete action has not been taken to remove all the unauthorised occupant / structures. Subject to aforesaid directions, the petition and the pending applications if any are disposed of,” the order reads.

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