- (1.) HEARD learned counsel for the parties.
(2.) WE are again and again mentioning in our orders that more than 35,000 bungalows and quarters have been encroached in one city of the State of Jharkhand at Ranchi belonging to the Public Sector Companies, wherein matter has been sent to the C.B.I., and the C.B.I. has submitted the report mentioning that some of the dignitaries are involved in such encroachment upon which the C.B.I. was directed to disclose the names of such alleged dignitaries who encroached the bungalows and quarters in the land of the public sector undertakings and it is stated by the learned counsel for the company that such dignitaries have already been evicted from the premises in view of the orders of this Court passed on 27.06.2011 and thereafter. This Court took note of the fact in detail in various orders passed in this petition and also gave notice to the Comptroller and Auditor General (CAG) to submit the report that whether such large scale land bungling was objected by the C.A.G or not wherein the companies have suffered loss in crores of rupees not because of the only encroachment over thousands of the acres of the lands of the public sector undertakings and more than 35,000 quarters and bunglows of the companies but because of the payment made to the Electricity Board and the expenses for water for these encroachers. The C.A.G has pointed out that the C.A.G has raised the objection and brought this fact to the management of the company. However, no action was taken by the management for several decades and may not have been taken for further several decades unless this Court would have intervened and passed the orders as have been passed in this petition. Even after start of the eviction drive, which is in the month of about June, 2011, in the month of July 2012, after one year the following is the position with respect to these two companies CCL and BCCL : C.C.L. 14078 Nos. Encroachment over the Quarters Complaint Filed under the Public Premises (Eviction 11950 Nos. of Unauthorized Occupants) Act, 1971 Eviction Orders passed 9871 Nos. Orders executed 1512 Nos. LAND Encroached Land � 6960 cases of encroachment (measuring thousands of acres of lands) Complaint Filed 5101 Nos. Eviction Orders Passed 3014 Nos. Orders Executed 57 BCCL 12052 Nos. Quarters Encroached Complaints under the Act of 1971 filed 10356 Nos. Eviction Orders passed 2912 Nos. Orders Executed 1105 Nos. LAND Total Encroachers 17266 Nos. - (measurements may be in thousands of acres) Cases Lodged 16008 Nos. Eviction Orders passed 974 Nos. Orders Executed 254 Nos.
(3.) LEARNED counsel for the C.C.L. and the B.C.C.L. submitted that both the companies are seeking cooperation from the State Government for executing the eviction orders. We do not want to refer our earlier orders dealing with this so called request of the companies and the action / inaction of the State Government in the matter of executing the lawful orders. But, certainly, neither the companies nor the State Government are serious in getting the possession of the quarters and the lands back inspite of the orders of this Court. We left with no option, but to order that in case the effective steps will not be taken by the companies and the cooperation is not given by the State Government, this Court will summon the Managing Director of the companies and the Principal Home Secretary of the Government of Jharkhand to remain present in the Court so that they may personally be held responsible for allowing the misuse of the public property may it be belonging to the Government Undertakings which are the companies registered under the Companies Act, but in such grave cases where the companies cannot misuse the property of the companies and the State cannot tacitly support the encroachers in the State of Jharkhand and they are certainly answerable to the public in this public interest litigation.;