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1997 Supreme(SC) 394

G.T.NANAVATI, K.RAMASWAMY
Jai Mangla Harijan Kalyan Samiti – Appellant
Versus
State Of Orissa – Respondent


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



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