- (1.) IT has been indicated by the learned counsel for opposite party no. 4 by filing affidavit, as under: "3. That it is stated that only on 16th March, 2011, the State after evicting some unauthorized occupants have handed over some land to this respondent for the purpose of construction of the landing towards the Jamshedpur side. 4. That the land which has been handed over to the answering respondent is sufficient to make the bridge operational."
(2.) IN response to the aforesaid statements of the Contractor, learned counsel for the petitioner submits that the entire occupation of the encroachers have not been removed and there is a notification by the State Government in a Newspaper for removal of the encroachments. According to the learned counsel for the petitioner, the stand of the Contractor is that the bridge can be made operational, but, this cannot be construed to be hundred percent operational, because the maps, as filed earlier by the Contractor, show a large scale of encroachments by a shaded delineation in Annexure -R -4/D in the counter affidavit, filed by the Contractor on 8.3.2011. Today it is indicated by filing a map that that part of the encroachments, which is in green line, have been removed i.e. only a part of the encroachments has been removed, which has also been indicated. The map is taken on record and in view of the statement and the delineated maps, what can be conclusively established is that there are still large scale of encroachments and the time given to the State Government to accomplish 'the task of removal of encroachments expired on 9.3.2011. Today the case has only' been posted for evaluating the spot situation. Learned counsel for the State was not in a position to justify its stand and when the matter was at the juncture of dictating the order, she sought time for adjournment, which was refused. There is nothing to say on behalf of the State that the entire encroachments have been removed. The statements, made in paragraph nos. 6 and 9 of the affidavit filed by the State, are as under: "6. That the present affidavit is being filed in pursuance of order dated 9.3.2011 passed by the Hon'ble Court in the aforesaid case. 9. That it is submitted and stated further that the District Administration has taken all efforts to remove the encroachment and the aforesaid encroachments have already been removed and land has been handed over to Adityapur Toll Bridge Company Ltd. (hereinafter referred to as "ATBCL" in short)."
(3.) THE aforesaid two paragraphs of the affidavit, filed by the State, indicate only that the encroachments have been removed, which is falsified by the affidavit of the Contractor which only indicates that bridge can be made operational. The notification of the State Government, as published in the Newspaper also shows that there are still encroachment. However, the counsel for the Contractor says that the entire encroachment has not been removed.;