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PETITIONER: STATE OF MAHARASHTRA

       Vs.

RESPONDENT: ALKA B HINGDE

DATE OF JUDGMENT:       17/04/1998

BENCH: G.T. NANAVATI, S.P. KURDUKAR

ACT:

HEADNOTE:

JUDGMENT:                       J U D G M E N T NANAVATI      Leave granted. Heard learned counsel for the parties.      The appellant-State  is challenging  in this appeal the interim order  passed by the High Court in writ petition No. 2029/97. By  the said  order the  High  Court  directed  the Collector to  remove  encroachments  and  report  compliance within 72  hours. It  was submitted  by the  learned counsel appearing for the State that considering the large number of persons on  the land  and the  fact that they are all hutmen dwellers it  is not  possible to  remove them as directed by the Court  within 72 hours and therefore the direction given by the  High Court  should be quashed as it is unreasonable. We find considerable substance in this contention. It should have been  appreciated that  high  handed  removal  of  such persons would  not only  create a  law and order problem but also a  humanitarian problem  as they have no other place to stay. In  such cases  the court  should be  more careful and reasonable while  giving directions  to the  authorities. It was not  possible for  Mr. U.U.  Lalit to support this order and the  only submission  which he  could make  was that the Collector  should have been directed to remove encroachments within some  reasonable time. The impugned order of the High Court is,  therefore, set  aside, we,  direct the Government and its  officers to decide as early as possible whether the land is  to be  restored to  the respondent or it intends to put it  to any  other public  purpose. In  case  it  is  not required by  the State for any other public purpose then the Government and  its officers  are directed to take steps for removing the encroachments within reasonable time.      The appeal  is allowed  accordingly. The  order of  the High Court   stands  modified to that extent. No order as to costs.