HC slams ‘illegal’ eviction order, seeks explanation

Prayagraj: The Allahabad high court has taken strong exception to an eviction order passed without due process or even a hearing. The court has directed the secretary of the land management committee at Alwara village in Kaushambi district to appear on Feb 24 and explain why disciplinary action shouldn't be initiated against him. In an order dated Feb 18, Justice Prakash Padia said: "The action taken by the secretary of the land management committee is not only illegal, but also in violation of natural justice. Without initiating any proceedings as provided under the UP Revenue Code, 2006, an order of eviction cannot be passed." The court was informed that a notice dated Jan 21 was issued to the petitioner, Amar Singh, directing him to remove his encroachment within three days, without any proceedings. Staying the notice with immediate effect, the HC said: "Despite being labelled a ‘notice', it did not give the petitioner any chance to respond. In this view, the secretary, land management committee, Alwara — represented by counsel Azad Rai — must explain why the matter should not be referred to the state govt for initiation of disciplinary proceedings against him."