The Madhya Pradesh High Court has directed the Collector of Jabalpur that after an investigation in Transport Nagar Chandalbhata, the encroachment should be removed as per law and a report should be submitted for the same.
The Division Bench of Chief Justice (Acting) Sanjay Yadav and Justice Vijay Kumar Shukla has said that if revenue officials have any difficulty in removing the encroachment then they can demand police force from the Superintendent of Police. The SP will ensure availability of police force.
The High Court, in its order, said the action should be taken to remove the encroachment by treating the petition as a representation. After investigation, action should be taken to remove the encroachment according to the law, giving all the people a fair chance of hearing. If a person is influenced by the decision of the revenue authorities then he will be free to go to the competent court. After passing the order, the collector has to give a week’s time. After removing the encroachment, Collector can recover damages from the encroachers, according to the law.
The petition was filed on behalf of Rajesh Agarwal Bablu, President of Transport Municipal Merchants Association, stating that the Municipal Corporation, Jabalpur had set up Transport Nagar on the 38 acres land of Khasra Nos. 153 and 154 of Chandalbhata of Village Madhotal in 1992. The Municipal Corporation had allocated 872 plots to transport traders.
The petition further states that more than 20 plots have encroached illegally. In this regard, applications were made to the Collector and Municipal Corporation Commissioner several times, but no action was taken to remove the encroachment. During the hearing, it was argued that the Collector and the Municipal Corporation Commissioner are making excuses for the lack of police force to remove the encroachment.
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The Court has directed the Collector to submit a report of the removal of Illegal encroachment before March 15, 2021. The next hearing of the case will be on March 22, 2021.
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