Topic
Allahabad HC directs District Magistrate to remove illegal encroachment within one week, holding four-year inaction by authorities violates rule of law and finality of SDM order under Section 133 CrPC. The ruling underscores executive accountability in public pathway restoration.
The Himachal Pradesh High Court has ruled that a Magistrate cannot convert a conditional order under Section 133 CrPC - directing removal of tree branches - into an absolute order mandating tree removal without issuing a fresh notice and opportunity to be heard. This reinforces that procedural fairness under criminal procedure is not a formality but a constitutional imperative, protecting property rights against arbitrary state action.
Allahabad HC reaffirms that proceedings under Section 133 CrPC can proceed independently of pending civil suits, emphasizing that abadi land cannot be privately claimed even if adjacent to private structures. The ruling clarifies that public nuisance disputes are distinct from civil property disputes, reinforcing the primacy of public interest over private claims.