Harassment of complainant
Querist :
Anonymous
(Querist) 18 November 2011
This query is : Resolved
1. I have made complaint to Sarpanch regarding removal of encroachment on Govt. Land. Provided evidence regarding same.
2. Sarpanch replied , by saying complainant irresponsible person, and saying to move PIL in high court regard encroachment removal.
3.He warned complainant of not to act irresponsibly in future.
4. Will following section be helpful Section 39 of The Bombay Village Panchayats Act, 1958.
5.How to move in such situation. I feel continuance in Govt. office of such person will be against the wider public interest.
ajay sethi
(Expert) 18 November 2011
if you have complainted to sarpanch regarding encroachment and no action is taken you cna also lodge complaint with the police .
if no action is taken you cna move court by meansof a writ
State of U. P. v. Ata Mohd., AIR 1980 SC 1785, it was held that street would vest in the Corporation only qua the street and not as absolute property. What is vested in the Municipality is not general property or a species of property known to the common law but a special property created by a statute and vested in a corporate body for public purposes. Such vesting enables the Corporation to use the Street as a street and not for any other purpose. Not only pavements but verandahs in front of the shops are part of streets and public streets. State of U. P. v. Ata Mohd.. AIR 1980 SC 1785. The Supreme Court held if the municipality put the street to any other user than that for which, it was intended, the State as its owner, was entitled to intervene and maintain an action to get any person in illegal occupation evicted.
Case of Dr. G.N. Khajuria and Ors. Appellants v. Delhi Development Authority and Ors. AIR 1996 SC 253 In paragraph 10, Hon'ble Apex Court observes: --Before parting, we have an observation to make. The same is that a feeling is gathering ground that where unauthorised constructions are demolished on the force of the order of Courts, the illegality is not taken care of fully inasmuch as the Officers of the statutory body who had allowed the unauthorised construction to be made or make illegal allotments go scot free. This should not, however, have happened for two reasons. First, it is the illegal action/order of the Officer which lies at the root of the unlawful act of the concerned citizen, because of which the Officer is more to be blamed than the recipient of the illegal benefit. It is thus imperative, according to us, that while undoing the mischief which would require the demolition of the unauthorised construction, the delinquent Officer has also to be punished in accordance with law. This, however, seldom happens. Secondly, to take care of the injustice completely, the Officer who had misused his power has also to be properly punished. Otherwise, what happens is that the officer, who made the hay when the sun shined, retains the hay, which tempts other to do the same. This really gives fillip to the commission of tainted acts, whereas the aim should be opposite.
Rajeev Kumar
(Expert) 18 November 2011
I agree with mr. sethi reply
Kiran Kumar
(Expert) 18 November 2011
Writ petition will be a better option in case no action is taken....as per my opinion, yes this matter involves public interest.
Querist :
Anonymous
(Querist) 19 November 2011
Mr. Sethi, involvement of Police & Complain to Police for removing encroachment...Under which section police is empowered to do so...would appreciate your comments on it...
Devajyoti Barman
(Expert) 19 November 2011
yuu can file complaint u/s 133 crpc before the concerned Eexecutive Magistrate.
M/s. Y-not legal services
(Expert) 19 November 2011
Yes. Writ petition only the correct solution for your problem. Even if its filed as public interest litigation mean its will be effectful. In the same writ petition, you can pray for direct the police to give protection and cooperate with the executive officers..
