Shaffique,J
Petitioner has approached this Court seeking for police protection in the matter relating to construction of compound wall in the property having an extent of 89 cents. According to him, when he was unloading materials, party respondents 3 to 11 have obstructed the same and they were demanding 'nokkukuli'. Petitioner submits that materials are unloaded from tipper lorries and there is no unloading work as claimed by the party respondents. That apart, the petitioner is carrying on construction in his own property which cannot be obstructed. Further, it is not a scheme covered area and none of the party respondents have registration under the Head Load Workers Rules or the scheme framed thereunder.
2. Counter affidavit is filed by the 4th respondent inter alia contending that the petitioner has encroached into Government land and constructions are being made. They only demanded the unloading work and they have not created any obstruction.
3. Learned counsel appearing for respondents 3 and 10 also submits that since the petitioner does not have his own workmen, the demand is only for the work being carried out in the area to utilise the service of the respondents.
4. Having regard to the aforesaid submissions, it is clear that if the petitioner wants to construct compound wall or other structures in the property owned by him, in so far as the area is not a scheme covered area, neither the party respondents nor any person who are not registered workers, can make claim for the work being carried out. It is purely within the discretion of the petitioner to engage either party respondents or any other person for that purpose. The party respondents cannot take law into their own hands and prevent the construction activity to be carried out by the petitioner. If any such obstruction is created, police are bound to ensure that law and order is maintained in the area and no illegal obstruction is being caused by the party respondents or their men.
5. If the party respondents have a case that the petitioner has encroached into the Government land, it shall always be open for them to approach the competent authority for redressal of their grievance. For that reason, they cannot enter into the property of the petitioner and create any nuisance to the petitioner.
In these circumstances, this writ petition is disposed of as under:
Respondents 1 and 2 shall ensure that no law and order situation is created by party respondents 3 to 11 or their men in the matter relating to construction being carried out in the property of the petitioner.
(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr