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Judgment
The matter relates to Digha Housing Colony. Admitted position is that the land was acquired by the State Government for the purpose of construction at the said colony. There was dispute in the past regarding, acquisition of land. The apex court has upheld acquisition of land for the development of the said colony. This Court by order dated 5.12.94 has given following directions:
(a) We direct that no constructions whatsoever shall be made over the lands acquired under the impugned scheme at Digha including by way of addition to the constructions already made.
(b) The District Administration is directed to establish a police outpost within the periphery of the acquired land, and depute armed constables in sufficient number, headed by an officer of competence immediately and not later than one week from today to prevent and preempt any kind of construction whatsoever. If any attempt is made to make construction the administration will be at liberty to use force as may be required to prevent the same and take recourse to proceedings in accordance with law. It shall be open to the Administration, should it so like, to take the assistance of Central Reserve Police Force, or the like, for the enforcement of this order. The Housing Board has undertaken to bear the cost of the additional constabulary to be posted at the proposed Police Outpost, which the Board may recover from the allottees after the allotment Is effectuated, Any construction made contrary to this order will be construed as amounting to dereliction of duty and the authorities, in particular the Senior Superintendent of Police, Patna, may also be held in contempt.
(c) The Housing Board shall make over a copy of the lay out plan of the area in question to the District Magistrate immediately and not later than December 7, 1994.
(d) The Housing Board shall thereafter start the work of measurement of the open land, its demarcation and carving out of plots and to deliver possession to the allottees.
(e) The Board shall simultaneously demarcate the road portion of the proposed colony so that after the possession is delivered to the allottees they may take the building materials to their plots and start the actual construction.
(f) To facilitate the work of measurement, demarcation and division of the plots we would direct the Board to post officials on the spot. We are informed that the Board has already posted an Executive Engineer and a host of employees for the execution of the scheme. It would be proper if the said staff function on the spot and not from the head office.
(g) The District Administration shall get published a general notice informing the public at large the substance of the above restraint order in the matter of new/further construction in the area in two local newspaper having wide circulation including one in Hindi by December 7, 1994.
In pursuance of the aforesaid directions of this Court a joint survey was done by the District Administration and the Housing Board in the year 1994 and 1998 with regard to 700 acres of vacant land and they submitted reports of this Court. Copies of the said reports are available with the District Administration as well as the Housing Board. Now the Housing Board is directed to proceed and take steps for demarcation of the plots, construction of the roads developments and allotment of plots and putting the allottees in possession. The District Magistrate, Sr. S.P. Patna, are present in Court and state that already police force has been provided to the Housing Board. The District Administration further undertakes that it will provide further police force, as and when required by the Housing Board.
In pursuance of the direction of this Court dated 5.12.94 a joint survey by the District Administration and the Housing Board was done in the year 1994 and thereafter again joint survey was made in the year 1998. As this Court has already stopped construction on the land in 1994, any construction having been made after the aforesaid order and found mentioned in the survey report of 1998 that has to be demolished by the Housing Board. The entire exercise has to be completed by the Housing Board within a period of six months. However, if there is any impediment being faced by the Housing Board in implementation of the order of this Court, it will be open for the Housing Board to bring the facts to the notice of this Court for passing an appropriate order.
The Housing Board will file progress report within two months from today.
Let a copy of this order be given to the learned Counsel appearing for the parties concerned.