All district and sessions judges have, on the Patna High Court's order, submitted their report statng that encroachment does exist in around a dozen district hospitals despite several orders issued by the high court in the past, asking for their removal.

The district-wise encroachment report of hospitals in Bihar was submitted on Wednesday before the bench of Chief Justice Rajendra Me-non by of Patna High Court registrar general Bidhu Bhushan Pathak.

The report says that even now encroachment exists in several districts, including Muzaffarpur and West Champaran. The court then directed the state government to remove all squatters within four weeks and submit an action taken report (ATR) in this regard before the court.

The order was passed by a division bench of Chief Justi-ce Menon and Justice Anil Kumar Upadhyay on a public interest litigation (PIL) filed by social activist Vikash Chandra, better known as Guddu Baba, who had alleged in his petition that large-scale encroachments exist at all the hospitals - be it sadar hospitals, primary health centres (PHCs) and additional primary health centres (APHCs) - in Bihar.

The PIL was filed by Chandra on an information received through a Right to Information (RTI) report.

During an earlier hearing of the case, it was pointed out to the court that some of the persons have filed title suits and writ applications claiming possession of alleged public property. In view of the fact that many cases were instituted before the civil court in several districts, the court had on January 28 directed the district and sessions judges of all the districts to decide all such cases within one month, so as to facilitate removal of encroachment on public land.

However, even after two months, except for a compliance report submitted by the district and sessions judge, West Champaran, Bettiah, no further report in pursuance to the order dated January 28, 2017, was received by the court. At this the registrar general was directed to request all the district and session judges to take note of the order and expedite submitting of the report within a period of four weeks.

On May 1, in compliance of the court's order of January 28, the reports were received from the district and sessions judges concerned.

On Wednesday, the registrar general, in a detailed compilation of reports in the form of a tabulated chart, presented it before the court in which it was accepted that even now encroachment persists in several districts.

In April, the principal additional advocate general (PAAG) Lalit Kishore, appearing on behalf of the state government, had submitted before the court that as many as 28 encroachment proceedings have been initiated in 19 districts of the state and these are in progress and would be concluded within a period of two months.

However, the government failed to keep its word given to the court.

The court was so anguished over non-compliance of its order to remove encroachment that on August 2 last year, it summoned the district magistrates (DMs), superintendents of police (SPs) and civil surgeons of all the districts of Bihar, directing them to appear in the court and clear their stand on the issue.

However, later, with an undertaking filed, on behalf of the state government, that counter affidavits will be filed, as directed by this court, the court, in the interest of justice, dispensed with the personal appearance of all the officers.

The court then appointed Rajeev Kumar Singh, a senior advocate of the high court as Amicus Curiae in the case to help the court. An Amicus Curiae (literally, friend of the court) is someone who is not a party to a case and is not solicited by a party, but who assists a court by offering information that bears on the case.

The court had also expressed its dissatisfaction earlier when it was informed that in Jamui sadar hospital, from where encroachment was completely removed, residents have again re-occupied the hospital land. Taking exception to this, the court had summoned Jamui superintendent of police (SP) Jayant Kant and the Jamui civil surgeon in the court directing them to explain as to why action shall not be taken against them for their negligence in discharging their duties with regard to illegal encroachments, which have taken place on the land of government hospitals.

A showcause was filed supported by an affidavit on behalf of the civil surgeon, Jamui, stating that encroachment has since been removed and that the department will be more vigilant in future and take appropriate steps so that re-encroachment cannot made by the encroachers.

Appearing in the court, Jamui SP Jayant Kant had also assured the court that no encroachment will be permitted on the public land.