ARUN KUMAR MUKHERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Additional Advocate General No. 2 informs us that he has received a letter from the District Magistrate as to the actions taken pursuant to our order dated 19th August, 1996. We are informed that so far as widening of Bhattacharjee road is concerned, notification under Section 4 of the Land Acquisition Act has been issued for the acquisition of land, and the emergency provision under the Land Acquisition Act has been invoked. We are further informed that the small additional structure which was sought to be raised connecting two small temples near Sahitya Sammelan Bhawan has been removed without in any manner affecting the temples. He further informs that the District Magistrate has issued notices to all persons connected with the erection and running of places of worship on roads and public land in an unauthorised manner, and they have been called upon to explain under what authority the structures have been raised. The administration is awaiting response to such notices. We are also informed that reports have been received from twenty three districts as to the manner in which the encroachments are being removed and the extent to which they have been able to do so till date. Additional Advocate General informs us that he has not been instructed as to whether a notice has been placed in all police stations reminding the officer-in-charge of their duties and obligations under the orders of this Court in regard to re-encroachment on public land. He assures us that he will furnish necessary information on the next date.

(2.) The police administration informs us that there are some difficulties which they face in the matter of removal of encroachments on public road. Many teashops etc. come up on the roads or on the flanks. Even if they are removed or the structures are demolished, they have no funds to transport the debris to be deposited at an appropriate place. We direct the Patna Municipal Corporation to provide the necessary assistance in this regard since it is the duty of the Patna Municipal Corporation to keep the city clean and removal of debris is their responsibility. There are certain misgivings about our orders and large number of writ petitions have been filed in this Court in connection with anti- encroachment drive. We take this opportunity of clarifying the position, so that there is no confusion in the mind of the authorities, and no misunderstanding of our orders by the authorities as well as the citizens.

(3.) We have from time to time passed orders for removal of encroachments primarily with a view to remove such encroachments as impede free flow of traffic. For this purpose the encroachments to be removed are those which are erected either on the road or on its flanks i.e., structures raised on the road or flanks which is State property and which tend to impede free flow of traffic. In such cases the encroachments must be removed forthwith, because no one has a right to raise any structure on the road and its flanks. The structures may be of temporary character or permanent character, that does not matter.