Cuttack The Orissa High Court has issued a slew of guidelines to Executive Magistrates for the removal of encroachments from public properties in Odisha, the Live Law reported.
It has further clarified that any dereliction in complying with the guidelines would entail disciplinary action. “In our opinion, once it is brought to the notice of the Magistrate, or if he, otherwise, comes to know about existence of obstruction/public nuisance, etc., as enumerated in Section 133 of the Code, he (Magistrate) is legally duty bound to swing into action at once in as much as his duties, in this regard, are directly concerned with public nuisance/unlawful obstruction, which may be injurious to health or physical comfort of public,” the division bench of Chief Justice Chakradhari Sharan Singh and Justice Sangam Kumar Sahoo observed.
The court was hearing a PIL filed by Advocate Trinath Panda over encroachments on some lands of Saheed Laxman Nayak Medical College and Hospital in Koraput.
The HC further noted that it was flooded with PILs seeking removal of encroachments due to the inaction of the authorities concerned and stated that the duty of Magistrates under Section 133 of the Code of Criminal Procedure is ‘mandatory’ in nature. “This order must be followed with utmost scruples and without any demur. Any person, who is found to be not complying with the present order, shall be liable for disciplinary/criminal action apart from contempt of this court,” it added.
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