“What is the ‘public interest’ in this case?“, the Court, however, asked.
It said that even though there are schools, a church and cemetery on the said land, the fact remains that the church is admittedly an encroacher.
“Simply because some educational institutions and religious institutions or cemetery are constructed after the encroachment, the land cannot be assigned stating ‘public interest.’ Rule 24 has no application at all in this case,” the Court stated.
Source: Barandbench
