Aggrieved by the inaction on the part of the respondents 1 to 4 in not initiating steps to evict the 5th respondent from the land taken for National Highway, the petitioners approached this court. Earlier, the 5th respondent has approached this Court challenging the notice issued under the Land Conservancy Act. The case of the 5th respondent is that he is having 0.40 Ares of land in his possession and out of which 0.24 Ares were acquired for the purpose of National Highway widening an 0.16 Ares are remaining there with shop room. That 0.16 Ares of land is not acquired from him. However, without adverting to the above fact, a notice was issued to him to vacate the land having an extent of 0.16 Ares of land. This Court by Ext.P1 judgment directed the authority to identify the property and find out whether the 5th W.P.(c).No.25693 of 2014 : 2 : respondent was in possession of 0.40 Ares of land and also to find out the extent of property acquired for the National Highway widening. It is based on the above direction in Ext.P1 judgment, inspection was conducted by the 3rd respondent and Ext.P2 report was submitted to the 2nd respondent. In Ext.P2 it is stated that the 5th respondent is having only 0.0024 hecters of land and there is no other property belongs to him. The 5th respondent submits that the inspection was not conducted in his presence. It is also submitted that the petitioners have no locus standi.
2. The petitioners rely on Ext.P10 letter issued by the Special Deputy Collector, National Highways to the 3rd respondent and the notice issued under the Land conservancy Act to the 5th respondent to vacate the illegal occupation. I am of the view that, proceedings under the Land conservancy Act shall be initiated against the encroachers only after issuing due notice to them. Entire proceedings shall be completed within a period of three months.
If the 5th respondent has any right over the property, it is W.P.(c).No.25693 of 2014 : 3 :
open for him to establish such right through the Civil Court. Giving liberty to establish such right, the writ petition is disposed of by directing the Special Deputy Collector to conclude proceedings under the Land Conservancy Act within the time indicated as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
dpk /True copy/ PS to Judge.
W.P.(c).No.25693 of 2014 : 4 :