- (1.) ON 04.04.2011, a Division Bench of this Court comprising the then Hon'ble the Chief Justice took cognizance of the news paper report published in the "Prabhat Khabar  who pointed out that the public sector units in the State of Jharkhand namely Heavy Engineering Corporation Ltd.(H.E.C. Ltd.), Central Coal Fields Limited(C.C.L. Ltd.), Bokaro Steel Ltd.(B.S.L.), Bharat Coking Coal Limited(B.C.C.L.) have permitted the unauthorized persons to remain in possession of public properties, without there being any entitlement and directed to issue notice to the above public sector units to show cause why they have permitted such unauthorized persons to remain in possession of these premises. This Court also sought clarification from State authorities why the authorities not be penalized for permitting unauthorized persons to remain in possession.
(2.) ON 08.04.2011, learned counsel appearing on behalf of the H.E.C. Ltd. and B.S.L. has assured this Court that by 19.04.2011 they will make all endeavor to remove all the encroachments so the case may be taken up on 19.04.2011. On 08.4.2011 it was pointed out by the learned counsel for the C.C.L. and B.C.C.L. that they have not been cooperated by the State Government in removal of the encroachments even in the cases where there are eviction orders so a direction may be issued to the State Government that they should provide enough force to evict all those against whom there are eviction orders. On 08.4.2011 learned counsel for the State, Shri R.R. Mishra, submitted that he will issue instructions to the Deputy Commissioners right on the same day to assist the C.C.L. and B.C.C.L. authorities for removal of encroachments of those against whom the eviction orders are passed and against those who are unauthorizedly occupying the premises. This Court observed that the aforesaid assistance be also supplied to the H.E.C. Ltd. and B.S.L. by the State Government.
(3.) THE matter was taken up on 19.4.2011 and this Court observed that direction for eviction of the four P.S.Us i.e. H.E.C., C.C.L., B.C.C.L. and B.S.L. have not been taken in the spirit in which it should have been taken and that shows that the officers and the occupiers, who are unauthorized occupants of these premises, are in hand in glove with authorities and they are residing there and showing defiance to the orders of this Court. This Court also observed that what is required is that the conduct of the occupants and the officers of these P.S.Us/State be put under scanner and they should be investigated. Then, this Court directed the matter be investigated by the C.B.I. as to how, why and under what circumstances these unauthorized occupants came in occupation of the properties(buildings and lands) of these P.S.Us. and under whose tacit consent they had continued to be in unauthorized occupation of these properties(buildings and lands). This might have taken place with some underhand dealings as well. The Registrar General was directed to lodge F.I.R. with the C.B.I. to investigate the matter in relation to illegal occupation of the properties of these four P.S.Us obviously occupied buildings and lands.;