1. Removal of encroachments within a campus — Dispute over whether tenements are situated inside or outside the campus. (Para 2 , 3 )
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1997 Supreme(SC) 394
1997(3) Supreme 210
SUPREME COURT OF INDIA
K. Ramaswamy and G.T. Nanavati, JJ.
Jai Mangla Harijan Kalyan Samiti -Appellant
versus
State of Orissa & Ors. -Respondents
Civil Appeal Nos. 1830-31 of 1997
Decided on 3-3-1997.
Counsel for the Parties :
For the Appellant : Anil Kumar Gupta-II, Advocate.
For the Respondent : P.N. Misra, Advocate.
For the Respondent No. 18: Mrs. Usha Kumar and Anis Suhrawardy, Advocates.
Important Points
The Supreme Court upheld the removal of unauthorized encroachments within a hospital campus to maintain hygiene, clarifying that such orders apply strictly to those inside the campus. Individuals residing outside the campus who are wrongly targeted may seek individual legal remedy from the High Court.
Subject
Property Law - Encroachment
Headnote
ENCOACHMENTS-Order by High Court for removal of all encroachment from inside campus of Hospital-Appellants claiming their tenements situated outside campus-If any action was taken viz-a-vis those who were outside the campus by taking advantage of order passed by High Court, petitioners could go to High Court for appropriate orders according to law. (Para 3)
Legal Category Hierarchy
Table of Contents
2. Appellants claim forced ejection from tenements outside the campus — State contends ejectment is limited to trespassers within the campus. (Para 3 )
3. Apprehension of ejection for those outside the campus is unfounded given the State's stand — Removal of encroachments within the campus is necessary for hygiene. (Para 3 )
4. An order for removal of encroachments within a specific campus applies only to those within the campus; those outside may seek legal remedy for wrongful ejection. (Para 3 )
5. Appeals disposed of — High Court order upheld for encroachments within the campus — Parties outside the campus may approach the High Court for relief. (Para 3 , 4 )
6. Does a court order to remove encroachments within a specific campus apply to tenements located outside that campus?
No, such an order is specific to encroachments within the campus. If action is taken against those residing outside the campus by misusing the order, they are entitled to approach the court to present evidence and seek appropriate orders. (Para 3 )
7. What is the legal remedy for persons forcibly ejected from premises outside a campus based on an order targeting encroachments within the campus?
Affected persons may approach the High Court, place necessary material before the court for consideration, and seek appropriate orders according to law. (Para 3 )
ORDER
Leave granted. We have heard learned counsel on both sides.
2. These appeals, by special leave, arise from the orders of the Orissa High Court, made on March 12, 1996 and September 2, 1996 in OJC Nos. 1415/96 and 9123/96 respectively. The High Court in the impugned order has directed as under:
"We direct the concerned authorities to locate and remove all the encroachments inside the campus within three months from today. If necessary, assistance of the police shall be taken for such removal. The Superintendent of Police in his affidavit has stated that in case police assistance is necessary, same shall be provided."
3. It is contended for the appellants that their tenements are situated outside the campus, but taking aid of the order passed by the High Court they are being forcibly ejected. It is stated by Mr. P.N. Misra, counsel appearing for the State, that action is being taken for ejectment of all those who have trespassed and put up tenements within the compound of the hospital and no action has been taken, vis-a-vis those who are having the tenements outside the campus. In view of the specific stand taken by the Government, apprehension of the appellants that they would be ejected, if their tenements are really outside the campus, is unfounded. It is, therefore, made clear that the order of the High Court is perfectly correct as regards the ejectment of all those encroachers having unauthorised huts etc. within the campus of the hospital which is required to maintain hygienic conditions. Therefore, the action taken and the directions issued are perfectly in order. If any such action is taken, vis-a-vis those who are residing outside the campus by taking advantage of the order passed by the High Court, it would be open to them to go to the High Court and place the necessary material before the High Court for consideration. The High Court would look into the individual cases and pass appropriate orders according to law.
4. The appeals are accordingly disposed of. No costs.
Appeals disposed of accordingly.
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