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2022 Supreme(Jhk) 937

IN THE HIGH COURT OF JHARKHAND, RANCHI
Sanjay Kumar Dwivedi, J.
Geeta Devi, wife of Late Shravan Kumar and ors. – Petitioners
Versus
State of Jharkhand, through the Secretary, Department of Home and ors. – Respondents
W.P.(Cr.) No. 40 of 2022
Decided On : 28-03-2022

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Shashank Shekhar, Advocate
For the Respondent: Mrs. Vandana Singh, Sr.S.C.-III
For the Intervenor :Mr. Kaushalendra Prasad, Advocate, Mr. R.S. Mazumdar, Sr. Advocate, Mr. Navin Kumar Singh, Advocate

The main legal point established in the judgment is the protection of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India, and the court's authority to intervene under Article 226 to enforce this right.

Headnote:

Demolition of Boundary Wall - Right to Access - Chotanagpur Tenancy Act, 1908, Indian Easements Act, 1882, Article 21 of the Constitution of India - S.M.D. Kiran Pasha v. Government of Andhra Pradesh & others, (1990) 1 SCC 328, People's Union for Civil Liberties & another v. State of Maharashtra & others, (2014) 10 SCC 635, Supertech Limited v. Emerald Court Owner Resident Welfare Association & others, 2021 SCC OnLine SC 648 - Section 362 Cr.P.C.

Fact of the Case:

The petitioners were in peaceful possession of a land since 1954-55, and their access road was blocked by the respondent by erecting a boundary wall. The court entertained the case under Article 226 of the Constitution of India to protect the petitioners' right to life and personal liberty guaranteed under Article 21.

Finding of the Court:

The court found that the access road of the petitioners had been blocked by the boundary wall, and it was a fit case to issue a direction to immediately demolish the part of the construction blocking the access of the petitioners.

Issues: The main issue was the blocking of the petitioners' access road by the respondent's boundary wall, leading to the court's intervention under Article 226 of the Constitution of India.

Ratio Decidendi: The court's decision was influenced by the provisions of the Chotanagpur Tenancy Act, 1908, Indian Easements Act, 1882, and Article 21 of the Constitution of India, which guarantee the right to life and personal liberty. The court also considered various judgments, including S.M.D. Kiran Pasha v. Government of Andhra Pradesh & others, (1990) 1 SCC 328, People's Union for Civil Liberties & another v. State of Maharashtra & others, (2014) 10 SCC 635, and Supertech Limited v. Emerald Court Owner Resident Welfare Association & others, 2021 SCC OnLine SC 648.

Final Decision: The court directed the respondent-Ranchi Municipal Corporation to ensure the demolition of the part of the construction blocking the petitioners' access by a specified date, with the assurance of adequate security provided by the Deputy Commissioner, Ranchi, and the Senior Superintendent of Police, Ranchi. The court also dismissed the modification application filed by the intervenor with a cost of Rs.1,00,000/- to be deposited towards the Juvenile Justice Fund.

JUDGMENT :

A reference may be made to the orders dated 15.02.2022, 16.02.2022, 21.02.2022, 07.03.2022 and 08.03.2022 by which opportunities are provided to the petitioners as well as to the respondent-State, Ranchi Municipal Corporation and the counsel for the intervenors as well as the respondent no.7. By order dated 08.03.2022, in presence of the Deputy Commissioner, Ranchi and the Senior Superintendent of Police, Ranchi, the order has been passed to demolish the part of the boundary-wall by which the access road of the petitioner has been blocked. The order dated 08.03.2022, by which the direction was issued to remove the part of the boundary-wall in question was passed after hearing the learned counsels appearing for the parties. The objection taken by the respondent State and the intervenor as well as the respondent no.7 have been considered by this Court and thereafter the order has been passed. The order dated 08.03.2022 is quoted hereinbelow:

“This petition was registered on 14.02.2022 and the matter was mentioned before this Court and seeing the exigency in the matter, this writ petition was directed to be listed on 15.02.2022. Paragraph 7 of the order dated 15.02.2022 is quoted herein below:

“7. It has been disclosed in the petition that petitioner no.1 is in peaceful possession over the land bearing R.S. Khata No.78, Plot No.863, area 2 Kathas (3.30 decimals) of Village- Hundru, Thana- Doranda (now- Airport), District- Ranchi since 1954-55. S.A.R. Case No.742/2008-09 was instituted under Section 71-A of Chotanagpur Tenancy Act, 1908 in the court of Special S.A.R. Officer, Ranchi and vide order dated 05.04.2009, the petitioner no.1 was directed to deposit a sum of Rs.95,000/- per Katha in lieu of compensation to the complainant. In compliance of the said order, such amount was deposited by petitioner no.1. The land in question was mutated in the office of the Circle Officer, Argora Circle, Ranchi vide Mutation Case No.5232-R-27/2011-12. The name of the petitioner no.1 is also mutated in the Ranchi Municipal Corporation and she is paying Holding Tax to the Ranchi Municipal Corporation. On 31.01.2022 when petitioner no.2 visited her house along with petitioner no.1 located at New Saket Nagar, Hinoo, Ranchi, they found that the only approach road of the house was encroached by Ajay Kachhap (respondent no.7) and others by erecting a boundary wall and constructing a room upon the same.”

2. This is the second incident in the capital city of Jharkhand. Identical position was therein W.P.(Cr.) No.137 of 2021 with W.P.(Cr.) No.416 of 2021, which were mentioned by the learned counsel stating therein that in the broad day light and in presence of the police, by way of erecting boundary wall, the main gate of the building of the petitioner has been blocked. In that case, the private respondent was also noticed. After report of the Ranchi Municipal Corporation, direction was issued to remove the encroachment and recover the cost from the private respondent. The private respondent has herself removed the encroachment and report to that effect has been filed by the officer of the State that the encroachment in question has been removed by the private respondent herself. This is the second incident before this Court, whereby, the access road of the petitioner has been blocked. On that day, respondent no.3 was directed to ensure the passage of entry of the petitioners' house and to apprise this Court as to why status quo ante on the premises be not maintained by tomorrow i.e. 16.02.2022.

3. This writ petition was again taken on 16.02.2022. Pursuant to the order dated 15.02.2022, the Senior Superintendent of Police, Ranchi has appeared in person on that day along with learned State counsel Mrs. Vandana Singh, learned Sr. S.C.-III and they took time and submit that they will find out and provide access road to the petitioners. Paragraph 7 of the said order is quoted herein below:

“7. In view of the above facts and considering the detailed or

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