Kanniappan & Ors. Vs. A. Perumal & Ors.
EmailAppeal: Civil Appeal No. 7378 of 2001
(Arising out of S.L.P. (C) No. 3091/2001)
(Arising out of S.L.P. (C) No. 3091/2001)
Petitioner: Kanniappan & Ors.
Respondent: A. Perumal & Ors.
Apeal: Civil Appeal No. 7378 of 2001
(Arising out of S.L.P. (C) No. 3091/2001)
(Arising out of S.L.P. (C) No. 3091/2001)
Judges: R.C. LAHOTI & K.G. BALAKRISHNAN, JJ.
Date of Judgment: Oct 19, 2001
Head Note:
CONSTITUTION
Articles 223, 136 – Public encroachment – High Court directing notice to encroachers – 3 months time given to remove encroachment – Writ appeal dismissed – In appeal to Supreme Court. Held, directions given to issue notice to all encroachers, who have not been served and to afford a summary hearing to them. Proceedings to conclude in 4 months. (Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. A writ petition was filed before the High Court complaining of encroachment on public property. The learned single judge of the High Court directed the encroachments to be removed after putting the alleged encroachers on notice. Three months’ time was appointed for removing the encroachment. The alleged encroachers filed a writ appeal along with a prayer for leave to prefer an appeal. The prayer for leave to file an appeal has been refused and consequently the appeal has also been dismissed. The only grievance of the appellants is that they should be heard before they are dispossessed. Learned counsel for the respondents opposes the prayer on the ground that there being encroachments on the public property, the matter should be expeditiously dealt with.
3. Without expressing any opinion on the merits of allegations and counter allegation, the following directions, would in our opinion, meet the ends of justice and also protect interests of both the parties. The appeal is accordingly disposed of in terms of the following order:
1. The alleged encroachers shall be put on notice. Notices shall be given to such of them as have not been noticed already. The competent authority shall give the alleged encroachers, sought to be dispossessed, a summary hearing and then take a decision of removing encroachments if the competent authority arrives at a finding that the persons noticed are encroachers.
2. If the alleged encroachers avoid service of notice, service shall be affected by affixation.
3. The proceedings shall be concluded expeditiously and within a reasonable time in any case, within a period of four months from the date of communication of this order to the competent authority.
3. No order as to costs.
1. Leave granted.
2. A writ petition was filed before the High Court complaining of encroachment on public property. The learned single judge of the High Court directed the encroachments to be removed after putting the alleged encroachers on notice. Three months’ time was appointed for removing the encroachment. The alleged encroachers filed a writ appeal along with a prayer for leave to prefer an appeal. The prayer for leave to file an appeal has been refused and consequently the appeal has also been dismissed. The only grievance of the appellants is that they should be heard before they are dispossessed. Learned counsel for the respondents opposes the prayer on the ground that there being encroachments on the public property, the matter should be expeditiously dealt with.
3. Without expressing any opinion on the merits of allegations and counter allegation, the following directions, would in our opinion, meet the ends of justice and also protect interests of both the parties. The appeal is accordingly disposed of in terms of the following order:
1. The alleged encroachers shall be put on notice. Notices shall be given to such of them as have not been noticed already. The competent authority shall give the alleged encroachers, sought to be dispossessed, a summary hearing and then take a decision of removing encroachments if the competent authority arrives at a finding that the persons noticed are encroachers.
2. If the alleged encroachers avoid service of notice, service shall be affected by affixation.
3. The proceedings shall be concluded expeditiously and within a reasonable time in any case, within a period of four months from the date of communication of this order to the competent authority.
3. No order as to costs.
