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2022 Supreme(Jhk) 1149
IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Arjun Prasad - Petitioner
Versus
State of Jharkhand and 4 Ors. - Respondents
W.P.(C) No.2852 of 2017 With I.A. No.602 of 2022
Decided On : 17-10-2022
For the Petitioner: Mr. Amar Kumar Sinha.
For the State : Mr. Suresh Kumar.
The central legal point established in the judgment is the requirement of due process of law, including affording an opportunity of hearing, before dispossessing an individual from their land.
Headnote:
Coercive Step - Land Dispossession - Bihar (now Jharkhand) Public Land Encroachment Act, 1956 - Section 2(3) - National Green Tribunal Orders
Fact of the Case:
The petitioner sought direction to refrain from coercive dispossession from the land purchased through a registered sale deed. The respondents had demolished the compound wall and intended to demolish the house without notice or hearing. The petitioner argued that the land was not public land under the Bihar (now Jharkhand) Public Land Encroachment Act, 1956.
Finding of the Court:
The court found that due process of law, including affording an opportunity of hearing, was required before dispossessing the petitioner. The court noted the National Green Tribunal's orders directing the preparation of an action plan for removal of encroachments and preventing untreated sewage and solid waste in water bodies.
Issues: Coercive dispossession without due process, interpretation of land status under the Bihar (now Jharkhand) Public Land Encroachment Act, 1956, and compliance with National Green Tribunal orders.
Ratio Decidendi: The court held that the respondents cannot evict the petitioner or demolish any structure without following due process of law. It emphasized the need for affording adequate opportunity of hearing and compliance with appropriate orders in accordance with the law.
Final Decision: The writ petition was disposed of in favor of the petitioner, and the court directed that no further demolition should occur without affording adequate opportunity of hearing to the petitioner and passing appropriate orders in accordance with the law.
ORDER :
1. The present writ petition has been filed for issuance of direction upon the respondents to refrain from taking any coercive step with regard to forcible dispossession of the petitioner from the land appertaining to plot no.45, Khata No.196, measuring an area of 6 decimals, situated at Mauja- Cantonment, Pargana- Champa, P.S. Hazaribagh, District - Hazaribagh along with house and other structures standing over the said land.
2. Learned counsel for the petitioner submits that the said land was purchased by the petitioner through a registered sale deed dated 07.11.2009. The petitioner got his name mutated in the revenue record and he was issued rent receipt. Moreover, the petitioner was also issued holding tax receipt by the Municipal Corporation, Hazaribagh. Thereafter, he constructed a house and other structures over the said land after making considerable investment where he has been residing along with his family. It is further submitted that the respondent authorities have forcibly demolished the compound wall erected over the said land without issuing any notice to the petitioner and are also bent upon to demolish his house standing over the same forcibly without issuing any notice in this regard or affording any opportunity of hearing to him. The action of the respondent authorities in demolishing the said wall of the petitioner is highly arbitrary and against the mandate of law. It is also submitted that the land in question is not a public land within the meaning of section 2(3) of the Bihar (now Jharkhand) Public Land Encroachment Act, 1956 and the respondent authorities have exceeded their jurisdiction in taking coercive step with regard to demolition of compound wall of the petitioner’s house without issuing any notice to him. It is further submitted that during pendency of the writ petition, few pillars standing over the said land of the petitioner have been demolished despite the ad-interim stay granted by this Court for which Contempt Case (Civil) No.569 of 2021 has separately been filed by the petitioner.
3. Per contra, learned counsel for the respondents submits that Original Application No.99/2016/EZ (M.A. No.02/17) (Savita Kumari Vs. State of Jharkhand and Others) was filed in National Green Tribunal (N.G.T.) against illegal obstruction of natural flow of stream of ‘Jhinjharia Nala’ with its outfall into ‘Dhobia Pond’. In the said case, N.G.T. vide its order dated 10.06.2020 directed to constitute a committee, comprising of (i) the Regional Office, MoEF & CC; (ii) the Regional Office, CPCB; (iii) the Jharkhand Pollution Control Board (State PCB); and (iv) the District Collector, Hazaribagh to jointly visit the site in question and to assess the situation in the light of the facts as stated in the said O.A. as well as to propose action to be taken for mitigating the situation indicating the appropriate authorities to deal with it. In the meantime it was directed that no further construction would be undertaken in the area by encroaching the water body and the stream. Disposing of the solid waste and discharging sewage in the water bodies was also prohibited. Thereafter, a report of the said Committee constituted in terms of the order dated 10.06.2020 was received by the NGT through the Jharkhand Pollution Control Board. The NGT in its order dated 06.08.2020 mentioned various facts observed by the said committee during inspection and directed the Urban Development and Housing Department, Government of Jharkhand, the Municipal Corporation, Hazaribagh and the State Pollution Control Board to prepare action plan for dealing with all the issues projected in the said report, so that no untreated water flows into ‘Dhobia Pond’ and “Jhinjharia Nala’ to be prevented from being a receptacle of the untreated sewage, domestic waste water and solid waste. It was further directed that the action plan would also include urgent steps for removal of encroachments. It is further submitted that 7.50 acres of land appert
