WPMS/1959/2015
2021 Latest Caselaw 4631 UK

     IN THE HIGH COURT OF UTTARAKHAND
                         AT NAINITAL
      ON THE 18th DAY OF NOVEMBER, 2021
                                 BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       Writ Petition (M/S) No. 1959 of 2015
BETWEEN:
Tikam Singh                                                      ...Petitioner
      (Mr. Akshay Joshi, Advocate holding brief of Mr. Manish Lohani,
      Advocate)

AND:

Director Rehabilitation
Tehri Dam Project and Others                                ...Respondents
      (Mr.   T.S.   Phartyal,   Additional   Chief   Standing   Counsel   for    the
      State/respondent nos. 1 and 2 and Mr. Shobhit Saharia, Advocate for
      respondent no.3)

                                JUDGMENT

Petitioner has challenged the order dated 02.05.2009 passed by District Magistrate, Tehri-Garhwal/Director, Rehabilitation.

2. By the said order, petitioner's claim for allotment of constructed flat under the Rehabilitation Policy of T.H.D.C. was rejected, on the ground that he could not prove that he was residing as tenant, in a house, in Old Tehri Town before 06.06.1985.

3. Urban Rehabilitation Package of THDC under which petitioner had claimed benefit is on record as Annexure-2 to the Counter-Affidavit filed by the State. Clause (vi) thereof deals with

allotment of constructed flats to tenants, which is reproduced below:-

"vi) Allotment of Constructed Flats to Tenants Tenants, who were living in Old Tehri Town as on 06.06.1985 and have continued to reside in Tehri Town since then, would be entitled to get a flat/group house on payment of cost. This, however, would not include Government, Semi Government, and Institutional employees. Contractors and their employees associated with Tehri Project would also not be entitled for allotment of flats."

4. Thus, under the said Policy even a tenant, who was living in Old Tehri Town as on 06.06.1985 and has continued to reside in Tehri Town since then, would also be entitled to get a flat/group house on payment of cost.

5. Petitioner had sought benefit under the said Clause, however, he could not substantiate his claim of living in a rented house in Old Tehri Town before 06.06.1985. Although, he had submitted an affidavit of Mr. Pranay Singh, sworn in the year 2002, in which it was stated that petitioner was tenant in his house since 1982, however, in the absence of any other documentary evidence, the affidavit was not found to be trustworthy.

6. In para no.6 of the counter-affidavit filed by Jyoti Neeraj Khairwal, District Magistrate, Tehri-Garhwal, it has been stated that the ration card submitted by petitioner, in support of his claim, was sent for verification and District Supply Officer has informed that petitioner's name is not

there in the records available with District Supply Office.

7. In this writ petition also, petitioner has not been able to produce any credible evidence in support of his assertion that he was residing in a rented house in Old Tehri Town, before the cut of date.

8. Since, Director, Rehabilitation has recorded a finding of fact upon considering relevant material on record, therefore, any interference with the impugned order while exercising power of judicial review would be unwarranted.

9. Accordingly, the writ petition fails and is hereby dismissed.

(MANOJ KUMAR TIWARI, J.) Shubham