WPMS/529/2021
2021 Latest Caselaw 697 UK

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. 529 of 2021
BETWEEN:

Vinod Sonkar                            ...Petitioner
     (By Mr. Kishore Kumar, Advocate)


AND:

Municipal Corporation, Rudrapur         ... Respondent
     (By Mr. Lalit Sharma, Advocate)

                      JUDGMENT

According to the petitioner, his mother was allotted a plot of Nazool Land admeasuring 50 Sq. Meter situate in Gali No. 1, Ward No. 2, Transit Camp Rudrapur, District Udham Singh Nagar.

2. By means of this writ petition, petitioner has sought following relief:-

(i) Issue writ rule or direction in the nature of mandamus directing the respondent not to demolish the property of the petitioner without adopting due procedure of law as defined under the "THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971" after calling the entire records from the respondent or in alternate pass any appropriate orders or direction keeping in view of the facts highlighted in the body of the petition or mould the relief appropriately.

3. It is the contention of learned counsel for the petitioner that since he is lessee in respect of Nazool Land, therefore, respondent cannot evict him from his property.

4. Mr. Lalit Sharma, learned counsel appearing for Nagar Nigam Rudrapur submits that petitioner has encroached upon a large tract of land, which is much beyond the land for which lease was granted.

5. Annexure No. 2 to the writ petition is the order, whereby land was allotted to petitioner's mother for a period of 30 years. The said order is dated 30.08.1987. The period of 30 years, stipulated in the order, has expired and it is not clear as to whether the lease has been renewed thereafter or not.

6. Mr. Lalit Sharma, learned counsel for the respondent submits that if petitioner's mother has a valid subsisting lease in her favour, then petitioner and his mother shall not be removed from the land to the extent of the lease.

7. In such view of the matter, no interference is needed in the matter. However, if petitioner has any grievance, he may approach the Municipal Commissioner, Rudrapur by making a representation, which shall be considered, in accordance with law.

(MANOJ KUMAR TIWARI, J.) Aswal