J&K&L High Court Directs Immediate Eviction Of Unauthorised Occupants Of Newly Constructed Quarters
Case: Vessu Welfare Committee and ors. v Relief and Rehabilitation Commissioner and ors
Coram: Justice Sanjeev Kumar
Case No.: WP(C ) 95/2021
Court Observation: “the writ jurisdiction vested in this court under article 226 of the constitution is an equitable jurisdiction and this court shall refuse to exercise such jurisdiction in favour of those who take law into their own hands…entertaining these petitions and granting relief prayed for would be nothing short of promoting lawlessness.”
“they are law unto themselves and being migrants are permitted to violate law and occupy government property…”
“Such lawlessness, if permitted by Courts, will lead to chaos in the society which, in turn, would put the rule of law in peril. It is, thus necessary for the police power of the State to come heavily on those for whom the breach of law is like playing with a toy. They think that they will commit the offence of criminal trespass and get away with it by coining excuses like the poor conditions of their prefab accommodation”
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Keywords
Unauthorised Occupants, Immediate Eviction
