- (1.) In pursuance of the direction issued by this Court, the State Government undertook the job of removal of illegal encroachment in the entire State of Jharkhand and relief has been obtained by the public in this Public Interest Litigation.
(2.) This Court was of the considered opinion that it was the duty of the State Government to remove encroachment and before that it was the duty of the State Government to see that no Government land or lands of public utility could have been encroached but because of the connivance of the officers of the Government, the situation went beyond control to the extent and now the voice is being raised against the removal of encroachment in the name of the poor people ignoring the fact that instead of raising voice at right time before situation went beyond control and demand to provide adequate facility to those poor persons who are not provided the same under any scheme to live dig-nifiedly objection is raised why law is enforced. It is relevant that none of the petition has been filed so as to say that encroachment can be allowed. Only prayers have been made by the persons affected was for their rehabilitation. It is the duty of the State Government, who has statutory duty and obligation as well as its public right to see that their lands should not go in the hands of the law breakers and at the same time, it is the part of the duty of the welfare State to safeguard the interest of the citizen of India and who are entitled to live dignifiedly. Therefore, this Court has passed orders in a very special circumstances of the State of Jharkhand where admittedly the Government remained functional for a very short period after creation of the State of Jharkhand.
(3.) Since specific progress has been made in the matter of removal of the encroachment in the entire State of Jharkhand, therefore, the next step is required to be followed by the State Government to see that the area from which encroachments have been removed should not be left available for again encroachment. Therefore, the State is directed to submit an affidavit to indicate whether the areas which have been cleared from encroachment have been again encroached by law breakers or not? If those areas have been encroached by any body, then the State may indicate what action against those erring officers have been taken because any order of the Court is required to be obeyed and if it will be found that Courts order is being frustrated then it may be treated to be a negligence of the person who are supervising the maintenance, cleanliness and responsible for enforcing the law against encroachment. Such affidavit may be filed by 04th of July, 2011.;