Rajasthan High Court: A Single Judge Bench comprising of Sandeep Mehta, J. gave directions to remove all encroachments which hinder the use of public property.
It was alleged that the plot which was allotted to the petitioner was encroached upon by the respondents. The area encroached upon included roads and parks which were meant for the public at large. Also despite the direction given by the High Court almost five years ago, till date, the encroachments on the roads and the steps reserved for public utility continued to thrive.
The Court firmly believed that had there been initiatives taken by the authorities for the same the issue would not have arisen. It was of the view that since the encroachments were hindering the use of public property, the land shall be liberated for use of Government lands, roads, designated park areas, and open lands.
Accordingly, the Commissioner, JDA was directed to forthwith initiate lawful proceedings for the removal of the encroachments from roads and lands reserved for parks. Along with it, notice for removal of the encroachments shall be issued and action is taken accordingly. Appropriate and adequate force shall be made available to the officials. Also no Civil Court shall grant any stay on the proposed removal of the encroachments specifically for such road and parks.
With above directions, the writ petition was disposed of. [Suraj Prakash Dave v. State of Rajasthan, S.B. CWP No. 10932 of 2016, order dated 31-10-2018]
.
