Petitioner approached this court threatened with notice of eviction issued by the Assistant Executive Engineer/second respondent. It seems that a portion of the petitioner’s property has been acquired for the purpose of irrigation canal. The portion of the property so acquired in fact is lying contiguous to the petitioner’s residential building and well. In order to protect the residential building and well, petitioner has constructed a boundary wall. It seems the boundary wall is constructed in the portion acquired by the Government.
2. Learned counsel for the petitioner submits that this portion is indispensable for his residential building. Petitioner approached the first respondent by Ext.P6. Petitioner highlighted his grievance and offered another portion of his property on the further north-west for the Government in order to protect the well. Petitioner submits that no loss will be caused to the Government if he is allowed to protect the well and as he is prepared to compensate the Government with a land to be surrendered in equal extent.
W.P(C).No.27139 of 2014 2
3. I am of the view, Government shall take a lenient view in considering the lie of his property which according to the petitioner form part of the portion now alleged to have encroached by him. Therefore, if no prejudice is caused to the Government and the petitioner having undertaken to surrender a portion of the land to the Government free of cost to compensate the land in question; necessary decision shall be taken by the Government by adverting to Ext.P1. Needful shall be done within a period of two months from the date of receipt of a copy of this judgment. Till then, status quo shall be maintained.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/20/10/14