WPMS/689/2021
2021 Latest Caselaw 2181 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
               ON THE 1st DAY OF JULY, 2021

                               BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


            Writ Petition (M/S) No.689 of 2021

BETWEEN:
  Nazruddin                                     .....Petitioner
       (Mr. P.C. Petshali, Advocate)

AND:

     State of Uttarakhand & Ors.
                                                   .....Respondents

       (Mr. T.S. Phartiyal, Addl. C.S.C. and Mr. Pradeep Hairiya, Standing
       Counsel for the State of Uttarakhand and Dr. Kartikey Hari Gupta,
       Advocate for respondent no.3)


                            JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. Petitioner has challenged the order dated 11.02.2021 passed by Sub Divisional Magistrate, Bazpur, District Udham Singh Nagar. Perusal of the said order indicates that it has been passed in compliance of directions issued by Division Bench of this Court in Writ Petition (PIL) No.59 of 2016. In the said Public Interest Litigation, directions were issued to get all the encroachments upon water body land removed.

3. Learned counsel for the petitioner submits that petitioner has not encroached upon land belonging to water bodies. He further submits that petitioner's house is situated over Khasra No.827/2 and not over Khasra no.827/1.

4. Whether petitioner's house is constructed over water body land or over Khasra No.827/1 is a question of fact, which cannot be decided in a writ petition. Thus, there is no scope for interference in the matter. Accordingly, the writ petition is disposed of with liberty to the petitioner to approach the appropriate forum for redressal of his grievance.

5. Pending application, if any, also stands disposed of accordingly.

(MANOJ KUMAR TIWARI, J.) Rajni