Hon'ble Jayant Banerji,J.
The petitioner pro bono has filed the present Public Interest Litigation seeking following relief:
"i) issue a writ, order or direction in the nature of mandamus directing the respondents no. 2 to 6 to get remove the encroachment of the land being Khata No. 1178, Khasra No. 1632/1, area 0.2050 Hectare situated in village Sisauli, Nagar Panchayat Sisauli, District Muzaffar Nagar from the respondents no. 7 to 10."
Since there is allegation with regard to encroachment over the Government land, this Court is of the considered opinion that the cause of justice would be best served if the District Magistrate, Muzaffar Nagar is directed to cause an inquiry and take appropriate steps in accordance with law in case encroachment is found on the Government land.
In view whereof we deem it appropriate to issue following directions:
(i) The petition be treated as representation made to the District Magistrate, Muzaffar Nagar about encroachments on subject land, which incidentally is Government land/public property.
(ii) The District Magistrate shall cause to make inquiry into this grievance and if he is convinced about the same, he will be obliged to take action against the encroachers and unauthorized structures to remove the said encroachment on the public property with utmost dispatch by following due process and giving opportunity to all concerned.
(iii) If the District Magistrate has any difficulty in taking follow-up action as per the direction issued by him, must report that fact to this Court forthwith and seek appropriate directions as may be required.
(iv) If Revenue Authority intends to proceed to remove/demolish unauthorized structure standing on the public property and apprehends any threat from the encroachers with regard to that action, may request Superintendent of Police, District Muzaffar Nagar to provide sufficient police force for security arrangement. If such request is made, the Superintendent of Police shall personally ensure that adequate police force is deputed on the site, on the date and time notified by the Revenue Authority for proceeding with the removal/demolition of unauthorized structure(s) standing on the public property.
(v) Any person aggrieved by the decision or action of the Revenue Authorities will be free to challenge the same by way of appropriate proceedings, if so advised, before the Court of competent jurisdiction.
(vi) If any adverse order is passed by the District Magistrate the affected person(s) be given one week's time before taking action on the basis of that order to enable the concerned person(s) to assail that order by way appropriate proceedings before the Court of competent jurisdiction.
(vii) After removal/demolition of unauthorized structure(s), the District Magistrate shall cause to initiate proceedings for recovery of compensation/damages for unauthorized user of the public property as per rules and recover that amount from the concerned occupant of the unauthorized structure, in accordance with law and as arrears of land revenue.
Let the entire exercise be done within a period of three months from the date of communication of this order.
Action taken report be filed by the District Magistrate in this Court on or before 26.4.2021.
The petition stands disposed of in the above terms, save and except for reporting compliance on 26.4.2021.
Order Date :- 21.1.2021 o.k.
(Jayant Banerji, J) (Sanjay Yadav, J)