Servesh Kumar Gupta, J.:— Having heard the learned Counsel for both the parties on the modification application and on further appreciating the Spot Map prepared by the Advocate Commissioner nay perusing the several photographs of the spot, which are available on record, it is as clear as day light that even towards the north, the respondent Makhan Lal Suri has encroached upon 3-feet wide passage and thereafter, has erected his boundary wall. It is also evident that he has brought this 3-feet space in his exclusive personal use by way of constructing a cemented bench besides raising the wall of his house thereby covering the area of passage. So, the total length of the property of respondent running from north to south has been admeasured as 37 feet and 4 inches while it must not exceed 33 feet and ½ inch. This way, Mr. Makhan Lal Suri has grabbed at least 4 feet and 3½ inches width space running from north-south.
2. In view of the above-position, learned Advocate Commissioner is hereby directed to make strict compliance of the orders passed by this Court for demolition leaving 3-feet passage area towards the north and thereafter, he shall measure 33 feet and half inch towards the south; after such measurement, he will ensure the dismantling of entire encroachment in whatsoever form it is existing.
3. It is hereby made specific that 3-feet passage towards north, which now Mr. Makhan Lal Suri has brought in his exclusive personal use, will be ensured to be restored in the form of passage after dismantling the constructions and everything else viz. cemented bench, walls and lintel, either raised or shifted by the respondent-Makhan Lal Suri in that 3-feet wide gallery.
4. It is further clarified that whatever expenses are borne by the plaintiff in arranging the presence of police force, the same shall be recoverable from the respondent Makhan Lal Suri as the arrears of land revenue.
5. Modification application stands disposed of in the above terms.
6. Let a copy of this order be issued to learned counsel for the parties, today itself, on payment of usual charges.
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