- (1.) Heard learned counsel for the applicant in I.A. No. 633 of 2012. The applicant's contention is that the applicant was the General Secretary of the registered union of Bokaro Steel Workers' Union and the respondent-company, Bokaro Steel Limited itself allotted three premises to the Union, in proof of which the applicant has placed copies of the orders, vide Annexures-1, 2 and 3. It is submitted that applicant was never unauthorized occupant and he was in possession of the premises allotted by the respondent-company. It is submitted that when the General Secretary of the Union was elected as a Member of Parliament, he was allotted a bigger bungalow and when he ceased to be the Member of Parliament, he himself requested for smaller bungalow, which was earlier allotted to the applicant, General Secretary of the Union. It is submitted that in view of the order passed by the Division Bench of this court in W.P.(P.I.L.) No. 1783 of 2011, the union's premises have been sealed on 27.7.2011. Now in February, 2012 this interlocutory application has been filed seeking relief of delivery of possession to the applicant.
(2.) Learned counsel for the applicant submitted that since applicant is not unauthorized occupant, therefore he is entitled to get the possession of the premises.
(3.) We have considered the submission of the learned counsel for the applicant. It will be appropriate to mention here that this court in W.P.(P.I.L.) No. 1783 of 2011 came across the grave state of affairs of encroachment of more than 35,000/- quarters and bungalows of only 4 Public Sector Companies and encroachment over thousand of acres of land of these companies. Finding that a large number of high "dignitaries" holding high posts, who may be a Members of Parliament or Government officers like Superintendent of Police or Union leaders etc. were also in the list of encroachers. In a drive to remove all the encroachments, several orders were passed by this court after 27th July, 2011 and till date and even notices have been issued to the C.A.G. to explain that whether C.A.G. has noticed such gross deliberate mismanagement of Public Sector Companies and these companies paid more than 100 crores of rupees for the electricity charges of the encroachers. Thousands of encroachments have been removed because of the orders passed by this court in P.I.L. In that fact situation the respondent-company, B.S.L. submitted an application seeking permission to take preventive steps to prevent the re-occurrence of same situation, by making proper arrangement and this court already ordered that company is free to manage its properties and this court will not interfere in the management of the company in any way. The court is concerned only against the misutilization of the public properties, immovable or movable, whereas we have already stated that encroachment of 35,000 quarters and bungalows of 4 companies was alarming situation and in that situation if the company "has taken action and is taking action for possession of the properties, which the company deem to be unauthorizedly occupied, because of the many reasons, we are not inclined to entertain this interlocutory application to grant any relief in the matter, where the premises was sealed in the month of July, 2011 and this interlocutory application has been filed in February, 2012, after action taken by the respondent-company.;