:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 516 OF 2008 PETITION NO. 516 OF 2008 PETITION NO. 516 OF 2008 Budhaji Sakharam Kudalkar ..Petitioner V/s The Collector, District Sindhudurga, Sindhudurga and another ..Respondents Mr. S.M.Railkar for the petitioner Mr. R.P Behare, AGP for the respondents CORAM CORAM CORAM : J.N.PATEL AND : J.N.PATEL AND : J.N.PATEL AND A.A. A.A. A.A. SAYED, JJ. SAYED, JJ. SAYED, JJ. DATE DATE DATE : 1ST APRIL, 2008 : 1ST APRIL, 2008 : 1ST APRIL, 2008 P.C. 1. Heard. 2. This petition can be disposed of at the stage of admission itself. 3. The petitioner approached this court with a grievance that the respondents, particularly Collector District Sindhudurga has failed to take action to remove all encroachments hampering the construction of a pucca road which was meant as access to the house of the petitioner and others. 4. It is the case of the petitioner that because :2: of this encroachment the construction of the said road is withheld for a considerable period and the respondents have failed to take action in the matter. On the other hand, illegal construction activities are going on particularly on survey No.210A in village Kudal, Taluka Kudal, District Sindhdurga that is why he is required to approach the Court for seeking direction to respondents to demolish illegal construction on survey No. 210 and to stop the illegal construction being undertaken on survey No.210A in village Kudal, Taluka Kudal, Dist. Sindhdurga. In the affidavit in reply which is filed by the Tahasildar it is not disputed that there are encroachments on the Government land and that the authority has not taken any action against such encroachers and that the people have continued to encroach and undertaken unauthorised construction but the Collector who is suppose to protect the public property has no time to take care and protect the public property from encroachment. It is stated in para 5 of the affidavit-in-reply that if this Court give them time bound programme, accordingly demolition will take place within the stipulated period subject to co-operation from all the parties :3: concerned. We therefore, dispose of the petition with direction to respondent No.1 Collector that he shall remove all the unauthorised construction on survey Nos. 210 and 210A of village Kudal, Taluka Kudal, District Sindhudurga by following due process of law. 5. We make it clear that if there is any policy decision taken by the Government to rehabilitate such persons, it is the responsibility of the State to provide them alternative site but that should not be the reason not to remove the encroachment. This is also because the collector has been negligent in protecting public property and so also the officers of the Revenue Department having failed to discharge their duties and allowed public property to be freely encroached by rank tress-passers, we expect that the respondent No.1 would take necessary steps and remove all unauthorised construction on these two survey numbers on or before 20th October, 2008 and convey his action report to this Court by filing his affidavit. 6. We do not think that the collector is so :4: helpless that he needs cooperation from others to remove unauthorised construction. The Collector is a District Magistrate, who is also head of the police force and the police force is under his control and command, so also the other statutory bodies and agencies. This is to clarify the apprehension expressed by the Tahasildar in his affidavit that the encroachment can be removed only with cooperation of others. Needless to say that the cooperation of the encrochers is the least needed who will have to be removed by using reasonable force if they resist. The Collector can also take steps like issuing directions to discontinue electric and water supply to unauthorised construction on public property and in future no electricity and water connection should be permitted for such encrochers. We think the aforesaid observations made are crystal clear and remove all doubts, which is expressed in the affidavit filed by the Tahasildar. The petition stands disposed of accordingly. 7. The leaned AGP to communicate our order to Collector Sindhudurga for compliance and to enable to comply with the same within the stipulated time. We :5: further make it clear that no further extension of time will be granted for whatsoever reason. Our order be also communicated to Hon’ble Principal District & Sessions Judge for circulation to all Civil Judges so that no unwarranted ex parte injunction is granted to encroachers who do not have prima facie case, nor any balance of convenience exist in their favour and if no order is passed they will not suffer an irreparable injury. (J.N.PATEL, (J.N.PATEL, (J.N.PATEL, J.) J.) J.) ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)