Uttarakhand High Court
WPMS/1482/2017 on 5 March, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 5TH DAY OF MARCH, 2021
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No. 1482 of 2017
BETWEEN:
Mahipal ...Petitioner
(By None present for the petitioner)
AND:
State of Uttarakhand & others ... Respondents
(By Mr. T.S. Phartiyal, learned Additional C.S.C. for the
State of Uttarakhand and Mr. Sandeep Kothari, learned
counsel for respondent no. 3.)
JUDGMENT
According to the petitioner, he is a slum
dweller. He is seeking enforcement of the Rules,
which were notified by the State Government on
30.09.2016. The said Rules provide for grant of
ownership right to slum dwellers over the land on
which their slum is erected.
2. By means of this writ petition, following
relief has been sought:-
(i) a writ or order or direction in the nature of
mandamus commanding the respondents
to implement the rule 2016 notified on
30.09.2016 and execute the title deeds in
favour of petitioner in a time bound
manner.
3. A counter affidavit has been filed by
Assistant Municipal Commissioner, Nagar Nigam
Haridwar. In para 5 of the counter affidavit, it has
been stated that for achieving the objective of the
Rules, District Magistrate, Haridwar had constituted a
District Level Committee, which identified 46 slum
areas within Nagar Nigam Haridwar and now the
matter is pending before the State Government. Para
5 of the said counter affidavit is extracted below:-
5. That in reply to the contents of para no. 3
of the writ petition, it is most respectfully
submitted that the District Magistrate Haridwar
for achieving the objective of the Act and Rules
in issue had constituted a District Level
Committee, in which the District Magistrate was
appointed as Chairman of the said committee
and the answering respondent was appointed as
member secretary, apart from other members.
True/photocopy of the order dated 18.10.2016 is
beig filed herewith and marked as Annexure No.
CA-1 to this affidavit.
After the District Level Committee had been
constituted the public notice were
issued/published on 20.10.2016, wherein, within
the jurisdiction of the Nagar Nigam Haridwar 46
slum areas were identified and further the
opportunity was given to each and every one to
submit the objection, if any, on or before
24.10.2016 regarding the inclusion of any other
slum area. True/photocopy of the notice
published on 20.10.2016 is being filed herewith
and marked as Annexure No. CA-2 to this
affidavit.
That after the necessary exercise was
carried out at the lower level of the
municipalities of the District Haridwar and such
the information collected, was placed before the
District Level Committee for approval.
True/photo copy of the approval granted by the
District Level Committee is being filed herewith
and marked as Annexure No. CA-3 to this
affidavit.
That subsequent thereto the Director of the
State Urban Development Authority had issued
the necessary communication to the State
Government on 08.12.2016 in which it has been
stated that the necessary proposal had been
submitted by the different municipal corporation
and municipalities including the answering
respondent corporation and it has been stated
that the aforesaid proposal may be considered
by the State Level Committee so that further
approval be granted. True/photo copy of the
communication dated 08.12.2016 is being filed
herewith and marked as Annexure No. CA-4 to
this affidavit.
That it is most respectfully submitted that
the State Government vide order dated
21.12.2016 had agreed to declare the slum area
under category-I and the matter was further
proceeded for notification in the official gazette,
however, till date the notification in the official
gazette has not been issued and hence no
further steps could be taken. True/photo copy of
the order dated 21.12.2016 is being filed
herewith marked as Annexure No. CA-5 to this
affidavit.
4. From the stand taken on behalf of
respondent no. 3 in para 5 of the counter affidavit, it
is apparent that the matter is now pending before the
State Government.
5. In such view of the matter, the writ petition
is disposed of with a direction to respondent no. 1 -
Secretary, Urban Development, Dehradun to take
decision in the matter as early as possible, preferably
within four months from the date of production of
certified copy of this order to ensure implementation
of the Rules.
(MANOJ KUMAR TIWARI, J.)
Aswal
