CHANDIGARH 02.08.2016: Justice Rakesh Jain of the
Chandigarh High Court has directed the Deputy Commissioner, Hissar, to be
personally present in the High Court on 17.08.206, in connection with the
non-removal of the unauthorised encroachments from the village common land;
despite the clear directions of the court.
The orders came after hearing Mr. Pardeep Rapria
counsel for the deceased Petitioner Beer Singh
of village Majara of Hissar District. Mr. Pardeep Rapria counsel for the
Petitioner informed the court that the old aged Petitioner, a retired teacher
had recently expired after struggling for more than 17 years to get removed the
illegal encroachments from the panchayat land specifically reserved for common
benefits of the villagers. In fact, some
villagers had encroached upon the panchayat land in the year 2002. On the
rigorous follow-up the Assistant Collector, Naranaund, in the year 2004
directed the demolition of the houses illegally constructed on the panchayat
land. However, despite the clear directions of the Assistant Collector the
encroachers continued on the panchayat land and some encroachers even managed
to get registered the land in their name by paying the market value of the
same. The old aged retired teacher continued his crusade
against the illegal encroachments and on the failure of
the administration to evicted the encroachers, in the year 2011 through his
counsel Pardeep Rapria knocked the doors of the High Court and in the year 2013
the High Court directed the Deputy Commissioner, Hissar and BDPO, Narnaund to remove
more than 150 encroachers of
the panchayat land encroachments
from the village common land. However,
when despite the High Court directions the encroachments could not be removed;
the Petitioner again in the year 2015 had to approach the High Court. On 19.11.2015
the High Court issued notices to Sh. Chander Shekhar Khare and Sh. M.L.
Kaushik, who remained posted as Deputy
Commissioner; at the relevant time and Sombir Kadiyan and Rajender Panwar, who remained posted as
BDPO, Narnaund at the relevant time, to explain by 28.01.2016 as to why action
should not be taken against thme for
committing the contempt of court. In their reply before
the High Court the court was informed that more than 60% encroachment had been
removed and photographs were also attached in support of reply.
During
the hearing on 02.08.2016 Mr. Rapria placed on record certain photographs and
submitted that ‘the officers only
demolished the outer boundary of the illegally constructed houses and captured
the view in such a way so as to reflect that the houses had been demolished.’ The court took serious view of the matter
and noted that ‘the court had directed the Deputy Commissioner in the year
2013 to remove the encroachments within two months, but even after lapse of
three years the orders remains to be implemented; which is clearly a Contempt
of Court. Therefore, the Deputy Commissioner Hissar shall remain personally
present on 17.08.2016 with detailed report in the matter’
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