WPPIL/140/2021
2021 Latest Caselaw 3197 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
       ON THE 18TH DAY OF AUGUST, 2021
                            BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
                                   AND
     HON'BLE SHRI JUSTICE ALOK KUMAR VERMA

        Writ Petition (P.I.L.) No. 140 of 2021

BETWEEN:

Ranjeet Singh.                                       ....Petitioner
      (By Mohd. Umar, Advocate)



AND:

State of Uttarakhand & others.                   ...Respondents
      (By Sri S.N. Babulkar, Advocate General with Sri C.S. Rawat, Chief
      Standing Counsel & Sri Yogesh Chandra Tiwari, Standing Counsel for
      the State of Uttarakhand)

             This Writ Petition coming on for hearing this day,
      Hon'ble Shri Justice Manoj Kumar Tiwari, J. delivered the
      following Judgment:


                         JUDGEMENT

The issue raised in this P.I.L. is about encroachment over a Water Body in Village Bari, Tehsil Kichha, District Udham Singh Nagar.

2. According to the petitioner, despite representation made to District Magistrate on 29.05.2019, the encroachment has not been removed from the land, which is recorded as Pond.

3. Learned counsel for the petitioner has drawn attention of this Court to the order dated

13.06.2018 passed by Division Bench of this Court in Writ Petition (P.I.L.) No. 65 of 2011, whereby certain directions were issued to all concerned for removing encroachment from Water Bodies or land recorded as Water Body.

4. Having regard to the facts of the case, this Court thinks that ends of justice would be met, if petitioner is permitted to make representation to District Magistrate, Udham Singh Nagar, who shall look into the matter and take appropriate decision, in accordance with law.

5. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to District Magistrate, Udham Singh Nagar within ten days from today. If such representation is made within stipulated time, District Magistrate shall look into the matter and take appropriate decision, in accordance with law, within ten weeks from the date of production of certified copy of this order along with copy of representation.

6. While taking decision, District Magistrate shall hear all the stakeholders.

(MANOJ KUMAR TIWARI, J.)

(ALOK KUMAR VERMA, J.) Navin