WPMS/2854/2021
2021 Latest Caselaw 5401 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
      ON THE 29TH DAY OF DECEMBER, 2021
                         BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Writ Petition (M/S) No. 2854 of 2021
BETWEEN:

Nagar Panchayat Mahuadabra               ... Petitioner

      (By Mr. D.S. Patni, learned Senior Advocate assisted by
      Mr. Siddhant Manral, Advocate)

AND:

State of Uttarakhand & others            ... Respondents

      (By Mr. T.S. Phartiyal, learned Additional C.S.C. for the
      State of Uttarakhand and Mr. Anchit Khokher, learned
      counsel for respondent no. 3)


                       JUDGMENT

1. This writ petition has been filed by Nagar Panchayat Mahua Dabra through its Chairman. Petitioner is aggrieved by allotment of a piece of land by the State Government to Prasar Bharti, Aakashwani & Doordarshan, New Delhi for establishing a Radio Station.

2. Mr. D.S. Patni, learned Senior Advocate appearing for petitioner submits that the subject land is within limits of Nagar Panchayat and it is vested in the Nagar Panchayat by a notification dated 28.02.1985 issued under Section 116 of U.P. Municipalities Act, 1916.

3. The notification dated 28.02.1985 is on record as Annexure-2, which is issued under Section 3 (1) of U.P. Town Area Act, 1914. The said notification

provides for territorial limits of Town Area Committee of Mahua Dabra, which is now upgraded as Nagar Panchayat, Mahua Dabra. The said notification does not provide for vesting of any land in Town Area Committee/Nagar Panchayat.

4. Even otherwise also, municipality constituted under U.P. Municipalities Act is empowered to manage, control and look after the property belonging to the State, if entrusted to it, however, State Government continues to be the owner of such property.

5. Learned Senior Counsel for the petitioner then submits that land in question was earmarked by Nagar Panchayat for developing a shopping complex in order to provide employment to local unemployed youth. He further submits that Radio Station can be established elsewhere, but the land which has been allotted to All India Radio is of commercial value, therefore, it would be desirable that a commercial complex is constructed over there.

6. This Court cannot go into these issues while exercising power under Article 226 of the Constitution. However, having regard to the facts and circumstances of the case, the writ petition is disposed with liberty to petitioner to make representation to Secretary, Department of Revenue for allotment of other suitable land for the Radio Station. If such representation is made within two weeks from today, Secretary, Revenue shall consider the same and take appropriate decision, in accordance with law, within four weeks thereafter.

7. It is, however, made clear that if All India Radio has already developed the land allotted to it, then

Secretary, Revenue shall be under no compulsion to take decision on petitioner's representation.

(Manoj Kumar Tiwari, J.) Aswal