of Maharashtra Vs. Alka B Hingde  INSC 228 (17 April 1998)
Nanavati, S.P. Kurdukar Nanavati
learned counsel for the parties.
appellant-State is challenging in this appeal the interim order passed by the
High Court in writ petition No.2029/97. By the said order the High Court
directed the Collector to remove encroachments and report compliance within 72
hours. It was submitted by the learned counsel appearing for the State that
considering the large number of persons on the land and the fact that they are
all hutmen dwellers it is not possible to remove them as directed by the Court
within 72 hours and therefore the direction given by the High Court should be
quashed as it is unreasonable.
find considerable substance in this contention. It should have been appreciated
that high handed removal of such persons would not only create a law and order
problem but also a humanitarian problem as they have no other place to stay. In
such cases the court should be more careful and reasonable while giving
directions to the authorities. It was not possible for Mr. U.U. Lalit to
support this order and the only submission which he could make was that the
Collector should have been directed to remove encroachments within some
reasonable time. The impugned order of the High Court is, therefore, set aside,
we, direct the Government and its officers to decide as early as possible
whether the land is to be restored to the respondent or it intends to put it to
any other public purpose. In case it is not required by the State for any other
public purpose then the Government and its officers are directed to take steps
for removing the encroachments within reasonable time.
appeal is allowed accordingly. The order of the High Court stands modified to
that extent. No order as to costs.