Remove encroachment from your land, HC tells Rlys admn
PRAYAGRAJ The Allahabad high court observed that the Railways administration had miserably failed in its duty to prevent encroachments over its land and directed it to take action against encroachers and remove such encroachments.
On Thursday, a two-judge bench comprising justice Pritinker Diwakar and justice Ashutosh Srivastava allowed a writ petition filed by one Anoop Kumar Mishra of Prayagraj, alleging that certain land in his area was encroached by locals. The petition was treated as public interest litigation by the bench.
In the petition, it was stated that the land belonging to the Indian Railways had been encroached upon by certain people, which was known to the officials of Indian Railways, and yet no action was taken by officials to remove the said encroachment.
The court directed railways authorities to immediately issue notice to the encroachers of railways’ land, asking them to vacate the land within three weeks of the notice being served on them.
“If the occupants/encroachers fail to vacate the land despite notice being served, it shall be open to the railways authorities to initiate appropriate action to forcibly dispossess such occupants/encroachers and demolish or remove the unauthorized structures raised by them by taking assistance of the local police force,” added the court.
The court had asked the superintendent/commissioner of police of the area to ensure that adequate force is deployed on the site and surrounding areas including protection to the officials/staff engaged in the demolition of the illegal structures and eviction process.
The court observed, “The railways administration is expected to initiate civil/criminal action against the encroachers/unauthorized occupants on the railways properties at the earliest, once it is brought to the notice of the officials of railways.”
The railways administration as also the local administration and the state government are expected to initiate appropriate action against the erring persons, including officials of the establishment concerned for allowing and tolerating such encroachment and for not taking corrective action for removal of encroachment at the right time,” added the court in its seven-page order.
The writ petition was disposed of by the court by observing: “We hope and trust that the above directions would go a long way in ensuring that no similar case is instituted and the menace of railway land being encroached is finally put to rest.”
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