- विज्ञापन -
A special bench will be constituted by the Chief Justice of the Supreme Court (CJI) to hear encroachment cases. Till now, encroachment cases were being heard by different benches in the Supreme Court. The bench of Supreme Court Justice Sudhanshu Dhulia and Justice K Vinod Chandran, while hearing the encroachment cases, found that in another similar case, on November 28, on the same day, the bench of Justice Sudhanshu himself had rejected a petition. At the same time, the other bench has given permission. The bench has sent the case to the Chief Justice due to two different decisions.
The bench of the Supreme Court has ordered to maintain status quo in encroachment cases. The petitioners have challenged the orders of the Himachal High Court, in which all these petitioners have been ordered to be evicted for encroaching on government land. After the order of the bench, now only one bench will hear such cases. The bench said that a special bench should be constituted by the Chief Justice of India for such issues. The advocates of the petitioners told the court that there is no encroachment on government land.
This land is Bakhal-Awal, on which work is being done since the time of ancestors. The action taken by the Forest Department under Section 4 of the Public Premises and Land Eviction and Rent Recovery Act 1971 (PP Act) is not justified and is against the natural principle. The advocate said that the division bench of the apex court has said on November 28 in Babu Ram vs Himachal Pradesh that while taking action in such cases, mistakes have been made by the officials at the lower level and facts have been ignored. The apex court had said in its decision that such cases should be heard again. Nearly 30 such cases were scheduled for hearing in the apex court.
