Jai Mangla
Harijan Kalyan Samiti Vs. State of Orissa & Ors [1997] INSC 235 (3 March
1997)
K.
RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
O R D
E R Leave granted. We have heard learned counsel on both side.
These
appeals, bu special leave, arise from the orders of the Orissa High Court, made
on March 12, 1996 and September 2, 1966 in OJC Nos. 1415/96 and 9123/96 respectively. The High Rout
in the impugned order has directed as under:
"We
direct the concerned authorities to locate and remove all the encroachments
inside the campus within three months from today. If necessary, assistance of
the police shall be taken for such remove,. The Superintendent of Police in his
affidavit has stated that in case police assistance is necessary, same shall be
provided." It is contended for the appellants that their tenements are
situated outside the campus, but taking aid of the order passed by the High
Court they are being forcibly ejected. It is stated by Mr. P.N. Misra, counsel
appearing for the State, that action is being taken for ejectment of all those
who have trespassed and put up tenements within the compound of the hospital
and no action has been taken, vis-a-vis those who are having the tenements
outside the campus. In view of the specific stand taken by the Government,
apprehension of the appellants that they would be ejected, if their tenements
are really outside the campus, is unfounded. It is, therefore, made clear that
the order of the High Court is perfectly correct as regards the ejectment of
all those encroacher having unauthorised huts etc. Within the campus of the
hospital which is required to maintain hygienic conditions. Therefore, the
action taken and the directions issued are perfectly in order. If any such
action is taken, vis-a-vis those who are residing outside the campus by taking
advantage of the order passed by the High Court, it would be open to them to go
to High Court and place the necessary material before the High Court for
consideration. The High Court would into the individual cases and pass appropriate
order according to law.
The
appeals are accordingly disposed of. No costs.
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