Jai Mangla Harijan Kalyan Samiti Vs. State of Orissa & Ors.
EmailAppeal: Civil Appeal Nos.1830-31 of 1997
(Arising out of SLP (C) Nos.21096-97 of 1996)
(From the Judgment and Order dated 12.3.1996/2.9.1996 of the Orissa High Court in O.J.C.No. 1415/96 and O.J.C.No. 9123 of 1996)
(Arising out of SLP (C) Nos.21096-97 of 1996)
(From the Judgment and Order dated 12.3.1996/2.9.1996 of the Orissa High Court in O.J.C.No. 1415/96 and O.J.C.No. 9123 of 1996)
Petitioner: Jai Mangla Harijan Kalyan Samiti
Respondent: State of Orissa & Ors.
Apeal: Civil Appeal Nos.1830-31 of 1997
(Arising out of SLP (C) Nos.21096-97 of 1996)
(From the Judgment and Order dated 12.3.1996/2.9.1996 of the Orissa High Court in O.J.C.No. 1415/96 and O.J.C.No. 9123 of 1996)
(Arising out of SLP (C) Nos.21096-97 of 1996)
(From the Judgment and Order dated 12.3.1996/2.9.1996 of the Orissa High Court in O.J.C.No. 1415/96 and O.J.C.No. 9123 of 1996)
Judges: K. RAMASWAMY & G.T. NANAVATI, JJ.
Date of Judgment: Mar 03, 1997
Appearances:
Anil Kumar Gupta-II, Advocate for the Appellant.
P.N. Misra, Advocate for the Respondent.
Mrs. Usha Kumar and Anis Suhrawardy, Advocates for the Respondent No. 18.
P.N. Misra, Advocate for the Respondent.
Mrs. Usha Kumar and Anis Suhrawardy, Advocates for the Respondent No. 18.
Head Note:
Encroachment
Encroachment by tenement holders in Campus – Held specific stand taken by Govt. that none of tenements of appellant are situated outside the campus of Hospital – Held in view of finding of unauthorised encroachment within campus, action taken and directions issued perfectly in order and so appeal dismissed.
JUDGEMENT:
O R D E R
1. Leave granted. We have heard learned counsel on both sides.
2. These appeals, by special leave, arise from the orders of the Orissa High Court, made on March 12, 1996 and September 2, 1996 in OJC Nos.1415/96 and 9123/96 respectively. The High Court in the impugned order has directed as under:
“We direct the concerned authorities to locate and remove all the encroachments inside the campus within three months from today. If necessary, assistance of the police shall be taken for such removal. The Superintendent of Police in his affidavit has stated that in case police assistance is necessary, same shall be provided.”
3. It is contended for the appellants that their tenements are situated outside the campus, but taking aid of the order passed by the High Court they are being forcibly ejected. It is stated by Mr. P.N. Misra, counsel appearing for the State, that action is being taken for ejectment of all those who have trespassed and put up tenements within the compound of the hospital and no action has been taken, vis-a-vis those who are having the tenements outside the campus. In view of the specific stand taken by the Government, apprehension of the appellants that they would be ejected, if their tenements are really outside the campus, is unfounded. It is, therefore, made clear that the order of the High Court is perfectly correct as regards the ejectment of all those encroachers having unauthorised huts etc. within the campus of the hospital which is required to maintain hygienic conditions. Therefore, the action taken and the directions issued are perfectly in order. If any such action is taken, vis-a-vis those who are residing outside the campus by taking advantage of the order passed by the High Court, it would be open to them to go to the High Court and place the necessary material before the High Court for consideration. The High Court would look into the individual cases and pass appropriate orders according to law.
4. The appeals are accordingly disposed of. No costs.
1. Leave granted. We have heard learned counsel on both sides.
2. These appeals, by special leave, arise from the orders of the Orissa High Court, made on March 12, 1996 and September 2, 1996 in OJC Nos.1415/96 and 9123/96 respectively. The High Court in the impugned order has directed as under:
“We direct the concerned authorities to locate and remove all the encroachments inside the campus within three months from today. If necessary, assistance of the police shall be taken for such removal. The Superintendent of Police in his affidavit has stated that in case police assistance is necessary, same shall be provided.”
3. It is contended for the appellants that their tenements are situated outside the campus, but taking aid of the order passed by the High Court they are being forcibly ejected. It is stated by Mr. P.N. Misra, counsel appearing for the State, that action is being taken for ejectment of all those who have trespassed and put up tenements within the compound of the hospital and no action has been taken, vis-a-vis those who are having the tenements outside the campus. In view of the specific stand taken by the Government, apprehension of the appellants that they would be ejected, if their tenements are really outside the campus, is unfounded. It is, therefore, made clear that the order of the High Court is perfectly correct as regards the ejectment of all those encroachers having unauthorised huts etc. within the campus of the hospital which is required to maintain hygienic conditions. Therefore, the action taken and the directions issued are perfectly in order. If any such action is taken, vis-a-vis those who are residing outside the campus by taking advantage of the order passed by the High Court, it would be open to them to go to the High Court and place the necessary material before the High Court for consideration. The High Court would look into the individual cases and pass appropriate orders according to law.
4. The appeals are accordingly disposed of. No costs.
