The Public Premises (Eviction of Unauthorized Occupants) Act, 1971 was applied to confirm illegal encroachment on Railway land and order the petitioners to vacate.

Aparesh Kumar Singh, J.

Petitioners came before this Court against the notices dated 10th March, 2016 and 11th March, 2016 issued by Senior Section Engineer, Land, South Eastern Railway, Tatanagar asking them to vacate the Railway land alleged to be occupied unauthorisedly by 17th March, 2016.

2. On 19th March, 2016 the following order was passed while granting time to the respondents to seek instructions in the matters:

“Learned counsel for the petitioners submits that in each of the individual writ petitions, petitioners have been served with a notice dated 10.03.2016 and 11.03.2016 issued by the Senior Section Engineer, Land, South East Railway, Tatanagar to vacate the Railway land alleged to be occupied unauthorisedly by 17.03.2016.

2. Notice is completely vague and does not contain any description of any plot, area, etc, therefore, it suffers from vagueness. Individual petitioners have made their assertion in the respective writ petitions about continuance over pieces of land since long. It is submitted that in any case, no proper proceeding has been initiated, if at all the allegation is of unauthorized occupation of the Railway land. Therefore, petitioners have approached this Court.

3. Learned counsel for the respondent Railways seeks short time to obtain instructions in the matters.

4. Accordingly, list the cases on 29.03.2016.

5. Till then, no coercive steps be taken pursuant to the impugned notices against individual petitioners, if not already taken”.

3. The matters were taken up after few adjournments on 12th April, 2016 upon filing of counter affidavit by the Railways. The order dated 12th April, 2016 is also being reproduced hereunder for better appreciation. A Pleader Commissioner, learned Advocate of this Court was appointed, acceding to the proposal of the parties, to carry out inspection of the area in question.

“In these individual matters, counter affidavit have already been filed by the respondent Railways taking a plea that petitioners are illegally and unauthorisedly occupying the Railway land which is coming in the way of construction of Rail Over-bridge at Jugsalai at Tatanagar.

2. Petitioner in WPC No. 1515/2016 claims to be holding a plot of land over plot no. 177/232 under Khata No. 2 Ward No. 5 having an area of 0.512 decimal of Notified Area Committee, Jamshedpur. He has constructed a shop and house and is doing business from the said premises.

3. Petitioners in WPC No. 1516/2016 claim to be in possession over plot no. 114 under Khata no. 3, Thana No. 1161 having an area of 12 Katta since 1982 and doing business of scrap materials in the name of M/s King Metals.

4. Petitioner in WPC No. 1527/2016 claims to be in possession of an area of 30'x 60' under Khata No. 2 Khesra No. 170 Ward No. 5 in Jamshedpur Notified Area Committee and running motor garage since 1980.

5. Learned counsel for the respondent Railways categorically submits by relying upon Railways Map of the area that the petitioners are encroaching within the demarcated area falling within the boundary wall of Railways property near LIC gate. It is submitted that the Road Over-bridge (ROB) is part of modernisation development programme of Railways at Tatanagar and its adjoining area which needs removal of encroachment from the Railways land. It is submitted that 77 out of 80 such encroachments have already been removed except three petitioners who have raised an objection by approaching this Court.

6. Learned counsel for the respondent Railways and petitioners both make a proposal that the area in question clearly defined with all necessary description be inspected by the Court appointed Pleader Commissioner through Survey knowing Amin in the presence of both the parties to find out, whether there is an encroachment over Railways land. Parties would abide by the decision of the Court on the basis of the Pleader Commissioner's report and if it is found that there is any encroachment over the Railways land, the same would be removed without any de