THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.155 of 2014
DATED:23.6.2014 Between:
M. Kavitha Reddy, Kothapeta, Ranga Reddy District. And The District Collector, Ranga Reddy District and others.
… Petitioner ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Public Interest Litigation No.155 of 2014
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) Having regard to the allegation made of illegal encroachment, we think that the petitioner has an effective and alternative remedy under the provisions of Section 8 of the Land Grabbing (Prohibition) Act, 1982 (for short ‘the Act’). Sub-section (1) of Section 8 of the Act is set out hereunder:
“The Special Court may, either suo motu or on application made by any person, officer or authority take cognizance of and try every case arising out of any alleged act of land grabbing or with respect to the ownership and title to, or lawful possession, of the land grabbed, whether before or after the commencement of this Act, and pass such orders (including orders by way of interim directions) as it deems fit.”
Sub-section (1-A) of Section 8 of the Act is as follows:
“The Special Court shall, for the purpose of taking cognizance of the case, consider the location, or extent or value of the land alleged to have been grabbed or of the substantial nature of the evil involved or in the interest of justice required or any other relevant matter.”
Provided that the Special Court shall not take cognizance of any such case without hearing the
petitioner.
Therefore, we grant liberty to the petitioner to approach the Special Court, if so advised. The Public Interest Litigation is accordingly closed.
Consequently, the miscellaneous petitions, if any pending, shall also stand closed. No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 23rd June, 2014 PNB