The central legal point established is the obligation of the Railway administration, municipal authorities, and district administration to take concrete steps to prevent and remove encroachments on Railway land, emphasizing the protection of national property and public right of movement.

Dipak Misra, J.

1. In this public interest litigation, the Petitioner, as pro bono publico, had approached this Court for issue of directions to the Respondents to remove the encroachment from under and near Lohia bridge, which is a Railway over-bridge, adjacent to Bhagalpur Railway Station and command them to take steps that the area under Lohia bridge is not encroached and to proceed against the encroachers in accordance with law. Various averments have been put forth and steps have been taken for removing the encroachments and how it has not been materialized because of indifferent attitude of the Railway Protection Force officers and the local state Police personnel. That apart, allegations have been made that there has been connivance to encourage the encroachers.

2. Be it noted, the Petitioner had approached this Court earlier in C.W.J.C. No. 9845 of 2008, wherein this Court had passed the following Order: After having perused the Writ Petition, we are satisfied that the diverse contentions raised in this Writ Petition do not require to be examined by us and the ends of justice shall be sub-served by the following Order:

(i) The District Magistrate, Bhagalpur shall treat the memorandum of Writ Petition along with Annexures as a representation sent to him for redressal of the Petitioners grievance.

(ii) The District Magistrate shall objectively consider the grievance raised in the representation and take decision thereon as early as possible and in no case later than three months from today and communicate the reasoned Order to the Petitioner.

(iii) If the Petitioner is aggrieved by the Order that may be passed by the District Magistrate, Bhagalpur and the grievance raised in the Writ Petition continues, he will be at liberty to approach this Court again.

3. As no proper attempt has been made to remove the encroachers and one Anand Bihari Yadav, who is indulged himself in selling off/letting off the area under the Lohia bridge to different persons on payment of money in connivance with the R.P.F. officials and the local state Police, for protection of the Railway property present petition has been filed.

4. A counter affidavit has been filed by Respondent Nos. 4 to 11, contending, inter alia, that the encroachment near Lohiapul, Bhagalpur was removed on 21st November, 2008 with the help of civil authorities and thereafter, a bar fencing was done to protect the land from further encroachment but, encroachers broke the fencing by passage of time. The said fact was reported to G.R.P. but, no action was taken. It is put forth that the Railway administration has started construction of the boundary wall to protect its land from encroachment but, the outsiders stopped the work and the said aspect reported to the Inspector, R.P.F., Bhagalpur and Inspector, G.R.P., Bhagalpur by letter dated 12th January, 2009 by the Sectional Engineer but, no action was taken by the G.R.P., Bhagalpur. One opening from the platform side to the land in question was closed by the Railway administration by constructing a wall but, the same was broken by the miscreants. Various other aspects have been stated in the return how the Railway officials have taken keen interest to remove the encroachment.

5. This Court on 24th April, 2009 directed that no construction whether religious or otherwise shall be made on the public land. It was also directed that the Respondents shall obey the Order passed by this Court. On 8th May, 2009 when the compliance report was not filed, a direction was issued to file the same. After the said Order the compliance report was filed. On 18th May, 2009, the following Order was passed by this Court:

Perused the compliance report filed on behalf of Respondent No. 7. Also perused the supplementary counter affidavit filed on behalf of the Respondents today. The Order of this Court dated 24th April, 2009 is clear that no construction, whether religious or otherwise, shall be made on the public land concerned. It was also