WPMS/1341/2021
2021 Latest Caselaw 2496 UK

IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL
            ON THE 20TH DAY OF JULY, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


      WRIT PETITION (M/S) No. 1341 of 2021

BETWEEN:

Digpal and others.                            ..........Petitioners
      (By Mrs. Prabha Naithani, Advocate)

AND:
State of Uttarakhand and others.              ....Respondents
      (By Mr. T.S. Phartiyal and Mr. Rakesh Kunwar, Additional
      C.S.C. for the State of Uttarakhand)


                       JUDGMENT

This writ petition has been filed by seventeen persons, seeking the following relief:

"I. Issue a writ order or direction in the nature of Mandamus commanding and directing the respondents to provide opportunity of hearing to the petitioner and not to demolish their houses and not to vacate them from the land/Khasra no. 406 Village Nakholiyana Pokhri PS Pokhri Tehsil Pokhri District Chamoli."

2. It transpires that, pursuant to the direction issued by Division Bench of this Court in WPPIL No. 174 of 2018 "Manmohan Singh Vs. State of Uttarakhand & others", the Executive Engineer, Public Works Department, Pokhri, Chamoli, identified 74 encroachments over public land.

3. Learned counsel for the petitioners submits that name of the petitioners is not included in the list of encroachers prepared by Public Works Department; yet, the respondents are threatening them to demolish their structures.

4. Learned Additional C.S.C. was asked to get instructions in the matter. Today, learned Additional C.S.C., on instructions, submits that notices have been issued to all the encroachers and since petitioners refused to accept notices, therefore, the notices were pasted on the main door of the structure raised by the petitioners.

5. Learned counsel for the petitioners, however, submits that notices were sent to petitioners after filing of the writ petition. However, the fact of the matter is that now notices have been sent to all the petitioners.

6. Learned Additional C.S.C. submits that no demolition has taken place as of now.

7. Having regard to the facts & circumstances of the case, the writ petition is disposed of with liberty to petitioners to give reply to the notices issued by the Competent Authority as early as possible, preferably within a period of two weeks from today. The Competent Authority shall consider the reply to be submitted by the petitioners and take appropriate decision by passing a speaking order, in accordance with law, within a period of two weeks thereafter.

8. For a period of four weeks or till final decision is taken by the Competent Authority, whichever is earlier, status quo, as of today, shall be maintained.

(MANOJ KUMAR TIWARI, J.) Arpan