JHARKHAND HIGH COURT ISSUES ORDER ON ALLAUDDIN V/S THE STATE OF JHARKHAND AND ORS.

RANCHI, India, June 18 -- Jharkhand High Court issued the following order on May 20:

1 Heard Md. Shadab Eqbal, learned counsel for the petitioner and Mr. Mrinal Kanti Roy, learned GA-I for the State.

2. Learned counsel for the petitioner has submitted that the petitioner has been served notice dated 03.05.2025 from the office of Anchal Adhikari, Dhanbad for removing the encroachment within seven days instead of 14 days and no date is fixed for hearing the objection of the petitioner, which is in violation of the judgment passed by the Hon'ble Supreme Court in 2024 SCC Online SC 3291. It is submitted that the petitioner has purchased 6 decimal of the land in the year 2013 by the Registered Sale Deed and is running the Marriage Hall for around six years and hence, interim protection may be granted to him.

3. On the other hand, learned counsel for the State that there is no immediate threat for the present to the petitioner and the notice has not been issued under Section 3 of the Bihar Public Land Encroachment Act, 1956 (Now Jharkhand Public Land Encroachment Act) and the Authorities are examining the matter. Learned G.A. -I prays for time to file the detailed counter affidavit. Learned counsel for the State has vehemently opposed the prayer for the stay.

4. It appears from the Notice dated 02.05.2025 issued by the Circle Officer, Dhanbad that though the proceeding has not been initiated under Section 3 of the Bihar Public Land Encroachment Act, 1956 as yet, but notice appears to be the threat of demolition in the garb of initiating further proceeding under Section 3 of the Bihar Public Land Encroachment Act, 1956.

5. This Court is not inclined to accept the prayer of the learned GA-I at this stage as the petitioner may have apprehension regarding demolition.

6. It appears that the Authorities have not shown compliance of the direction of the judgment passed by the Hon'ble Supreme Court in the case of Directions in the matter of demolition of Structures reported in 2024 SCC Online SC 3291 while issuing the Notice dated 02.05.2025 by the Circle Officer, Dhanbad.

7. As per law laid down by the Hon'ble supreme Court in the above judgment, an Owner/Occupier has to be served notice by a registered post with A/D and no demolition should be carried without a prior show cause notice in accordance with time provided by the Local Municipal Laws or within 15 days from the date of service of such notice, whichever is later.

8. Apart from this several guidelines have been issued in para-91 of the above judgment reported in 2024 SCC Online SC 3291, which is to be carried out by the Authority concerned at the time of initiating proceeding of demolition and which is awaited.

9. Under the circumstances, the Concerned Authority will not take coercive steps in respect of the structure of the petitioner in question in light of the notice dated 02.05.2025 issued by the Circle Officer, Dhanbad, so far as this petitioner is concerned.

10. Put up this case on 20.06.2025.

11. In the meantime, learned counsel for the State may file the counter affidavit and serve the copy of the same to the learned counsel for the petitioner in the meantime and the learned counsel for the petitioner shall also file the reply to the counter affidavit filed by the State.

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