Full Judgment Text
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PETITIONER:
JAI MANGLA HARIJAN KALYAN SAMITI
Vs.
RESPONDENT:
STATE OF ORISSA & ORS.
DATE OF JUDGMENT: 03/03/1997
BENCH:
K. RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
JUDGMENT:
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
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cases and pass appropriate order according to law.
The appeals are accordingly disposed of. No costs.