Jharkhand High Court’s blow to ‘erring officials’: Pay for demolition compensation from your own pockets, not state’s

The court, therefore, directed the state to fix accountability on erring officials and compensate the persons affected by the demolition exercise.

Case

According to the report of member secretary, Jharkhand State Legal Services Authority, encroachment was found within the premises of the RIMS to the extent of about 7 acres of land. Subsequently the high court had directed the encroachers to remove their belongings from the land failing which the administrative authorities were directed to evict the encroachers.

The administrative authority, in the light of the order passed by the court, started removing the encroachment. Thereafter, several interlocutory applications were filed seeking modification of the said order. The court had dismissed all the applications while posting the case for hearing on culpability of authorities for granting permission to erect structures on the land.

Findings

• The high court observed that the administrative authority, in the light of the order passed by this Court, started removing the encroachment.
• The court however questioned how such construction has been allowed to be there in the acquired land which has been acquired way back in the year 1964-65.
• The court further noted that the revenue records were manipulated, rent receipt and non-incumbrance certificates had also been issued.
• It further observed that even the building plans were sanctioned by the Ranchi Municipal Corporation and the same has also been approved by RERA.
• The court found the conduct of the district administration surprising insofar as they had entered the name of the subsequent purchaser without verifying the records.
• The court noted that none of the functionaries including revenue authority, the registering authority and RERA discharged their duty properly.
• “If these officials would have been vigilant then there would not have been suffering of the people who are now suffering due to the demolition of the illegal construction over the acquired land of the RIMS,” the court observed.
• The court held that the residents, whose residences have/are being demolished, are entitled to be compensated.
• The court therefore directed the state to compensate the persons affected by the demolitions while ordering the compensation expenses to be borne by the erring officials and the builders.