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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Pritinker Diwaker, Ashutosh Srivastava, JJ.
Anoop Kumar Mishra – Petitioner
Versus
State of U.P. and Others – Respondents
Civil Misc. Writ Petition No. 30869 of 2021
Decided On : 20-01-2022
Public Premises (Eviction of Unauthorised Occupants) Act 1971 - Appeal Rules - Writ petitioner, who claims to be a resident of village, District Allahabad (Prayagraj) has approached this Court seeking issuance of a writ of mandamus commanding respondents to demolish constructions over Plot and other plots detailed in para 7 of writ petition totaling 13 in number and having area 13.875 hectares stated to be recorded in name of Railways and remove encroachment from the plots in question - Held, Railways Administration as also local administration and State Government is expected to initiate appropriate action against erring persons, including officials of concerned establishment for allowing and tolerating such encroachment and for not taking corrective action for removal of encroachment at right time - Railways Administration is also expected to initiate an enquiry to check veracity of land boundaries verification register so maintained and if everything is found to be in order, to ascertain as to why no steps were taken to remove encroachments - Railway administration shall also ensure that no new encroachments are made on areas that are being cleared by way of order passed by Court and ensure that any and every encroachment is duly reported in land boundaries verification register and the requisite follow up action is taken at earliest - Writ petition disposed of.
Key Points: - The petitioner sought a writ of mandamus to demolish encroachments on plots recorded in the name of Railways and remove encroachments (!) (!) . - The Court directed Railways Administration, local administration, and State Government to initiate action against encroachers and officials for allowing encroachment, conduct an enquiry into land boundary verification, and ensure no new encroachments on cleared areas (!) (!) (!) (!) . - The Court mandated notices to occupants to vacate within three weeks and, if not vacated, to take forcible eviction with police assistance; initiate civil/criminal action; and ensure proper reporting and follow-up in the land boundaries verification register (!) (!) (!) (!) . - The judgment references adherence to Railway Establishment procedures including the IRWM provisions for land boundaries verification and encroachment removal (sections 813-814) and PPE Act considerations (!) (!) (!) (!) (!) (!) (!) . - The writ petition is disposed of with the above directions to prevent further encroachment and to address existing encroachments (!) (!) (!) .
JUDGMENT :
1. The writ petitioner, who claims to be a resident of village Puresoordas, Pargana Jhunsi, Tehsil Phoolpur, District Allahabad (Prayagraj) has approached this Court seeking issuance of a writ of mandamus commanding the respondents to demolish the constructions over the Plot No. 752 and other plots detailed in para 7 of the writ petition totaling 13 in number and having area 13.875 hectares stated to be recorded in the name of Railways and remove the encroachment from the plots in question.
2. We have heard the counsels for the parties at length and have also perused the record.
3. The counsel for the petitioner has filed documents to establish that the plots are the properties of the Railways. The photographs brought on record depict the extent of the encroachment over the Railway land.
4. It is contended by the counsel for the petitioner that land belonging to the Indian Railways has been encroached upon a fact which is known to the officials of the Indian Railways and yet no action has been taken by them to remove the said encroachers.
5. This Court perceives encroachment over the Railway land as a menace/hindrance to development which ultimately results in the average Indian citizen being deprived of better amenities and experiences. This Court is also mindful of the numerous directions and orders that the Hon'ble Apex Court has passed and in such circumstances, even though the petitioner has not instituted a PIL, this Court exercising its extra ordinary powers vested in it under Article 226 of the Constitution of India treats the instant Writ-C, as a Writ PIL and proceeds to entertain the same.
6. The Hon'ble Apex Court in the case of Jagpal Singh and Others vs. State of Punjab and Others, 2011 (11) SCC 396, has taken a judicial notice that since independence, in large part of the country, unscrupulous persons using muscle powers, money power and political influence have systematically encroached on public utility land. The Court has also observed that this has been done with the active connivance with the State Authorities and local power vested interest and goondas. The Apex Court deprecated the action of the State Authorities either in allotting the public utility land in favour of a person or in permitting an encroacher to occupy such public utility land. It relied upon its earlier decision in M.I. Builders (P) Ltd. vs. Radhey Shyam Sahu, 1999 (6) SCC 464; where the Hon'ble Supreme Court ordered restoration of a park after demolition of a shopping complex constructed at the cost of over Rs. 100 Crores.
7. The counsel for the petitioner has placed reliance on a Division Bench decision of the Patna High Court in the case of Deepak Kumar vs. State of Bihar and Others, passed in C.W.J.C. No. 3754 of 2009 on 27.1.2010, wherein directions were issued to the Railways Administration to take concrete steps to free the Railway land from any kind of encroachment and if any fresh encroachment takes place shall immediately inform the police authorities/other district authorities and all authorities shall work in harmony to see that all encroachment is removed. A copy of the decision dated 27.1.2010 passed in C.W.J.C. No. 3754 of 2009 has been filed as Annexure 2 to the writ petition.
8. Recently, the Apex Court in SLP (Civil) Diary No. 19714 of 2021 arising out of final judgment and order dated 19.8.2021 passed in Writ Petition (PIL) No. 222 of 2014 by the High Court of Gujarat at Ahmedabad (Utran Se Besthan Railway Jhopadpatti Vikas Mandal vs. Government of India and Others with Diary No. 23559 of 2021 had the occasion to consider an issue regarding encroachment over land belonging to the Western Railways. The Apex Court vide its order dated 16.12.2021 while upholding the decision of the High Court rejecting the Writ PIL against the proposed action of demolition by Western Railways and considering the plea to provide suita
The PPE Act allows for eviction of unauthorized occupants, but due process and natural justice must be observed in such proceedings.
The absence of necessary parties in a contempt action prevents the establishment of contempt against the respondents.
The Railway Department is legally obligated to take action to remove unauthorized encroachments on lands specifically reserved for its use and purposes.
Court affirmed State's authority to declare land acquisition and ordered removal of encroachment, highlighting deficiencies in petitioner's ownership claims.
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