Yaseen vs State Of Uttarakhand And Others
2025 Latest Caselaw 3642 UK

Uttarakhand High Court

Yaseen vs State Of Uttarakhand And Others on 25 August, 2025

                                                               2025:UHC:7499-DB


      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
         HON'BLE THE CHIEF JUSTICE SRI G. NARENDAR
                            AND
           HON'BLE SRI JUSTICE SUBHASH UPADHYAY
                              25TH AUGUST, 2025
           WRIT PETITION (PIL) No. 153 OF 2025

Yaseen.
                                                                  ...Petitioner
                                     Versus

State of Uttarakhand and others.
                                                               ...Respondents
Counsel for the petitioner.          :   Mr. Birendra Singh Adhikari, learned
                                         counsel.

Counsel for respondent nos. 1 to     :   Mr. J.S. Bisht, learned Standing
3.                                       Counsel and Mr. SMS Mehta, learned
                                         Brief Holder for the State of
                                         Uttarakhand.

Counsel for respondent no. 4.        :   Mr.   Ashutosh    Thakral,   learned
                                         counsel.

JUDGMENT :

(per Sri G. Narendar, C.J.)

Pursuant to the our earlier order dated

19.08.2025, the District Magistrate, Haridwar has passed

an order on 21.08.2025, with regard to allotment of land

for the purpose of Panchayat Office and the composite

police complex, comprising of Police Station, Fire Station

and Police Quarters. The said order reads as under :

"Office of the District Magistrate, Haridwar.

No: 2428/DLRC/2025 Date: 21 August, 2025

Order In continuation of the letter dated 19.08.2025 from the Chief Standing Counsel, Nainital, Uttarakhand, and in compliance with the directions issued by the Hon'ble High Court of Uttarakhand, Nainital in Writ Petition No. 153/2025 - Yaseen vs. State of Uttarakhand

2025:UHC:7499-DB

& Others the undersigned along with the Senior Superintendent of Police, Haridwar, concerned revenue officials, EO, Nagar Panchayat and Police officials conducted a site inspection on 20.08.2025 of the land situated at Nagar Panchayat Piran Kalyar. Additionally, a status report regarding both land parcels was obtained from the Joint Magistrate, Roorkee.

According to the report provided by the Joint Magistrate, Rookee and SP, Rural the situation is as follows--

The land proposed for Nagar Panchayat Piran Kaliyar is in land plots numbered 183, 184, 185, and 186 total area 0.5420 hectares which is in the centre of entire panchayat area and is within 100 meters from the Dargah Piran Kaliyar. This land is most suitable for the Nagar Panchayat for the following reasons:

1. The land plots numbered 183, 184, 185, and 186 total area 0.5420 hectares, fall under the commercial area. Around these plots, there are a number of hotels and shops. The government circle rate is Rs. 10,000 per square meter. Thus, the total value of the above land comes to Rs.

5,42,00,000. Whereas, the market rate is approximately Rs. 1.5 crore per bigha Kham. Whereas proposed land for the police station construction (478k, 483kh, 484, 485g, 486, 487kh, 488, 489k, 490kh, 497kh, total area 0.7640 hectares), the government rate is same (Rs. 10,000 per square meter) and the market rate is around Rs. 80 lakh per bigha Kham. Hence, land proposed for Nagar Panchayat is more commercially viable than the land proposed for police station. (Attach - Photograph No. 02)

2. With high commercial viability, land usage for the construction of Nagar Panchayat will help improve its own revenue sources and thereby increase the Board fund of Panchayat. Improved financial status will further result in better quality of urban services.

3. Land proposed for Nagar Panchayat being in the centre of panchayat area, it is more accessible to citizens who seek various urban services from Panchayat.

4. During field inspection, even the Panchayat officials have shown a clear consent for proceeding further in the said land.

The land proposed for the police station

2025:UHC:7499-DB

construction (478k, 483kh, 484, 485g, 486, 487kh, 488, 489k, 490kh, 497kh, total area 0.7640 hectares), is suitable for the same purpose due to following reasons:

1. It is also to be noted that Govt. order No. 320896/XX-6/2025-52566 dated 07/08/2025 has already been issued in which construction of Police Station has been sanctioned and Rs. 1.91 crores have been released to the working agency. Above sanction has been done based on site selection committee report which was prepared for already allotted site. If now the site is changed, whole process of site selection & sanction will have to be done causing delay & loss of funds.

2. The concerned land is government land on which the petitioner has installed a tin shed and is running a sweet shop, thereby encroaching on government land (Photo No. 04). This land has already been approved by the government for the construction of Kaliyar Police Station administrative building and fire station, and currently, the construction tenders have also been approved.

3. Regarding the other piece of land, it is located in the crowded market area within the town on a link road. The area is a dense market and, due to safety concerns, as well as being used for fairs, festivals, parking, and permanent shops, it is not suitable for the construction of a new police station.

4. The land allotted to the police department is meant for the construction of the police station building along with a fire station; therefore, the police station building and fire station must be constructed on the allotted land itself.

5. During the Kavad Mela sufficient police force is deployed to manage the crowd, and for this purpose, having the police station at the allotted site is essential as the site lies on Kavad route.

6. The location suggested by the petitioner for building the police station is unsuitable because, during the Annual URS fair, there is such heavy crowd movement that even pedestrian movement becomes impossible. Due to this, every year a temporary police station has to be set up at an alternate place, resulting in a significant additional expense to the state treasury.

7. At the location suggested by the petitioner, there is excessive crowding, making it impossible for emergency rescue vehicles or fire tenders to

2025:UHC:7499-DB

reach the site in case of any untoward incident. As suggested by Hon'ble Court if we proceed with land acquisition for road widening, it will require funds for acquisition of existing buildings & lands and may also delay the construction process.

Therefore, it appears necessary and appropriate that the administrative building of Kaliyar Police Station be constructed on the land already alloted to the police department.

The land allocation was done keeping in mind the basic requirements of both the municipal council and the police station departments. The land proposed for the police station is adjacent to the main road, making it suitable for police use, while the land proposed for the municipal council, being in the middle of the town, will provide convenience to local residents for their service/work. It was found that the land given for the construction of the Nagar Panchayat Office and the Police station is in line with the requirements of the concerned departments.

Hence in light of above facts and as per directions of Hon'ble High Court order dated 19.08.2025 in which it is directed, "We reserve the discretion with the Administration with regard to the suitability of the lands for the purposes stated in the petition", we take decision to continue with the construction process of police stations on already alloted land (478k, 483kh, 484, 485g, 486, 487kh, 488, 489k, 490kh, 497 kh, total area 0.7640 hectares) and to allot other land (plot numbers 183, 184, 185, and 186 total area 0.5420 hectares) to Nagar Panchayat Piran Kaliyar.

Enclosure- Photographs of the site Inspection have been attached.

(Mayur Dixit) District Magistrate Haridwar"

2. The order, being a speaking order, and adequate

reasons having been assigned by the District Magistrate

for exercising discretion regarding the allotment of lands,

otherwise then as suggested by the petitioner, we do not

2025:UHC:7499-DB

see any further requirement to hold the Petition on board.

The report of the District Magistrate, Haridwar is accepted.

3. The District Magistrate shall ensure that

appropriate orders of the Government follow, as

expeditiously as possible, more pertinently the District

Magistrate shall have the Government Order No.

1887/XVIII(II)/2015-18(169)/2015 dated 30.07.2015

clarified and exemption obtained to facilitate the start of

construction at the place.

4. The Writ Petition stands disposed of. There shall

be no order as to costs.

As a sequel thereto, the miscellaneous petitions,

if any pending, shall stand closed.

_______________ G. NARENDAR, C.J.

___________________ SUBHASH UPADHYAY, J.

Dt: 25th August, 2025 Rahul RAHUL

PRAJAPA 2.5.4.20=aa4fa3bee6691397758b14516e d3e66e61bf4c848741983ed8c39e4145cf 1dab, postalCode=263001, st=UTTARAKHAND,

TI serialNumber=303B55CC3063D34AC45B F8A192FCAD15C390A1AAD7B39857D25 40AE4C28A4898, cn=RAHUL PRAJAPATI Date: 2025.08.27 15:54:35 +05'30'