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Allahabad HC directs Kushinagar DM to investigate complaint of encroachment on government land

The Court issued directions

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The Allahabad High Court on Wednesday directed the District Magistrate Kushinagar to investigate the complaint of encroachment on government land in village Padraun Madurahi, Tehsil Tamkuhiraj, District Kushinagar.

The Division Bench of Justice Sanjay Yadav and Justice Ajay Bhanot passed this order while hearing a PIL filed by Manoj Kumar Jaiswal.

The Petitioner has filed the PIL seeking following relief:

“issue a writ, order or direction in the nature of mandamus directing the respondents to take appropriate steps for removing the encroachment made over the public road situated in Arazi No. 442, 444, 446 and 447 of Village Dudahi and Arazi No. 543 of Village Padraun Madurahi, Tehsil Tamkuhiraj, District Kushinagar.”

The Court while considering allegation with regard to encroachment over the government land, observed that the cause of justice would be best served if the District Magistrate, Kushinagar is directed to cause an inquiry and take appropriate steps in accordance with law in case encroachment is found on the government land.

The Court, issued the following directions:

(i) The Petition be treated as representation made to the District Magistrate, Kushinagar about encroachments on subject land, which incidentally is a government land/public property.

(ii) The District Magistrate shall cause to make inquiry into this grievance and if he is convinced about the same, he will be obliged to take action against the encroachers and unauthorized structures to remove the said encroachment on the public property with utmost dispatch by following due process and giving opportunity to all concerned.

(iii) If the District Magistrate has any difficulty in taking follow-up action as per the direction issued by him, must report that fact to this Court forthwith and seek appropriate directions as may be required.

(iv) If Revenue Authority intends to proceed to remove/demolish unauthorized structure standing on the public property and apprehends any threat from the encroachers with regard to that action, may request Superintendent of Police, District Kushinagar to provide sufficient police force for security arrangement. If such request is made, the Superintendent of Police shall personally ensure that adequate police force is deputed on the site, on the date and time notified by the Revenue Authority for proceeding with the removal/demolition of unauthorized structure(s) standing on the public property.

(v) Any person aggrieved by the decision or action of the Revenue Authorities will be free to challenge the same by way of appropriate proceedings, if so advised, before the Court of competent jurisdiction.

(vi) If any adverse order is passed by the District Magistrate the affected person(s) be given one week’s time before taking action on the basis of that order to enable the concerned person(s) to assail that order by way appropriate proceedings before the Court of competent jurisdiction.

(vii) After removal/demolition of unauthorized structure(s), the District Magistrate shall cause to initiate proceedings for recovery of compensation damages for unauthorized user of the public property as per rules and recover that amount from the concerned occupant of the unauthorized structure, in accordance with law and as arrears of land revenue.

Let the entire exercise be done within a period of 3 months from the date of communication of this order. Action taken report be filed by the District Magistrate in this Court on or before July 05, 2021, ordered the Court.

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