Full Judgment Text
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PETITIONER:
STATE OF MAHARASHTRA
Vs.
RESPONDENT:
ALKA B HINGDE
DATE OF JUDGMENT: 17/04/1998
BENCH:
G.T. NANAVATI, S.P. KURDUKAR
ACT:
HEADNOTE:
JUDGMENT:
J U D G M E N T
NANAVATI
Leave granted. Heard learned counsel for the parties.
The 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.
We 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.
The appeal is allowed accordingly. The order of the
High Court stands modified to that extent. No order as to
costs.