[Cites 2, Cited by 0]
Uttarakhand High Court
Rajendra Nagar Residents Welfare ... vs The State Of Uttarakhand And Others on 18 February, 2026
2026:UHC:1078-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA
AND
HON'BLE SRI JUSTICE SUBHASH UPADHYAY
18TH FEBRUARY, 2026
WRIT PETITION (PIL) No. 01 OF 2025
Rajendra Nagar Residents Welfare Society.
...Petitioner
Versus
The State of Uttarakhand and others.
...Respondents
Counsel for the petitioner. : Mr. Parikshit Saini, learned counsel.
Counsel for respondent nos. 1 & : Ms. Rajni Supyal, learned Brief Holder for
2. the State of Uttarakhand.
Counsel for respondent no. 3. : Mr. Ashish Joshi, learned counsel.
Counsel for respondent no. 4. : Mr. Rahul Consul, learned counsel.
Counsel for respondent no. 5. : Mr. Sagar Kothari, learned counsel.
Counsel for respondent no. 6. : Mr. Vishesh Srivastava, learned counsel.
Counsel for respondent no. 7. : Mr. Amanjot Singh, learned counsel
holding brief of Mr. Aditya Singh, learned
counsel.
Counsel for the applicant in IA No. : Mr. A.S. Rawat, learned Senior Counsel
07/2025 assisted by Mr. Gaurav Paliwal, learned
counsel.
JUDGMENT :
(per Sri Manoj Kumar Gupta, C.J.)
1. The present Public Interest Litigation has been filed,
praying for a writ of mandamus, commanding the
respondents-authorities to remove encroachment from the
public utility land, i.e. public park, as well as green belt
situated towards northern side of Plot Nos. 250, 251, 252,
253, 254, 266, 272, 281, 290, 299 & 308, near about total
79710 sq. ft. land in two parts 77.5 ft X 655.5 ft. as a public
2026:UHC:1078-DB
park and rest 49 ft. X 590 ft. as green belt in Block-A Rajendra
Nagar Colony, Kaulagarh Road, Pargana Centraldoon
Dehradun, District Dehradun, and to also direct demolition of
the superstructures already constructed or erected by the
private respondents over the aforesaid public utility land, as
shown in the sanctioned layout plan dated 23.10.1964,
pertaining to Rajendra Nagar Colony, Block-A, Dehradun.
2. On 10.01.2025, an order was passed, directing the
Municipal Commissioner, as well as the jurisdictional SHO to
visit the site, and if the Municipal Commissioner finds any
encroachment, he was directed to forthwith issue directions to
prevent further constructions. It was further directed that, in
such an event, the jurisdictional SHO shall also seize all
machineries.
3. It seems that, in pursuance of the aforesaid order,
an inspection of the site was carried out by the Municipal
Commissioner, Nagar Nigam Dehradun, accompanied by the
officials of the Mussoorie Dehradun Development Authority,
Revenue officials and the officials of the concerned Police
Station. The Inspection Report has been brought on record by
Nagar Nigam, Dehradun, along with its affidavit.
4. A perusal of the Inspection Report reveals that the
Inspecting Team did not find any government land in existence
2026:UHC:1078-DB
within the limits of the layout plan. It also did not find any
space, designated as such, for park. However, it found illegal
constructions over Khasra No. 34, which is recorded in the
name of Manu Sharma, as Bhumidar, with transferrable rights.
The report mentions that, in relation to the illegal
constructions, the fourth respondent, i.e. the Mussoorie
Dehradun Development Authority, has already taken action,
and has sealed the constructions.
5. Learned counsel for the petitioner-Shri Parikshit
Saini states that, since the third respondent has already
initiated action, in respect of illegal constructions, and over
other part, no government land was found, therefore, the
matter may be closed.
6. However, his request has been opposed by learned
Senior Counsel Shri A.S. Rawat assisted by Shri Gaurav
Paliwal, learned counsel. He submits that he has filed an
Impleadment Application on behalf of one Vinay Kumar Gupta.
According to him, the officers of the petitioner-society have
colluded with the private respondents, and are, therefore, not
pursuing the Writ Petition any further. He submits that the
subject land is a playground, as per the approved layout plan.
7. Learned counsel for private respondent no. 5 - Shri
Sagar Kothari, countering his submission, submits that the
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land is the private property of the private respondent. He
submits that the private respondent has filed an Appeal
against the sealing order, wherein an interim order has been
granted in favour of the private respondent. He also points
out that Vinay Kumar Gupta, who is seeking impleadment in
the instant petition, has already instituted Original Suit No.
391/2024, in respect of the same land, against private
respondent no. 5, Nagar Nigam, Dehradun and Mussoorie
Dehradun Development Authority, wherein also he has prayed
for identical reliefs, as have been prayed for in the present
Public Interest Litigation. He submits that in such
circumstances, there is no justification to continue with the
present proceedings at the behest of the intervener.
8. Learned counsel appearing on behalf of the
Mussoorie Dehradun Development Authority states that the
proceedings initiated by the Development Authority, in respect
of illegal constructions, would be taken to its logical
conclusion. He states that notices, under Sections 27 & 28 of
the U.P. Urban Planning and Development Act, 1973, have
already been issued to the private respondents.
9. As it is not disputed before us that the intervener
has already filed a Civil Suit, and is pursuing the same,
therefore, we find no good reason to continue with the present
2026:UHC:1078-DB
PIL at his behest. It has already come on record that the
Mussoorie Dehradun Development Authority has initiated
action against the illegal constructions, which have been found
to be in existence in the Joint Inspection Report. The same
has to be taken to its logical conclusion.
10. With the aforesaid observations, the proceedings of
the instant PIL are closed. However, it will not affect the Civil
Suit, which is stated to be pending at the behest of the
intervener.
11. All pending applications stand disposed of
accordingly.
______________________
MANOJ KUMAR GUPTA, C.J.
___________________
SUBHASH UPADHYAY, J.
Dt: 18th February, 2026
Rahul
RAHUL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=aa4fa3bee6691397758b14516ed3e66e61
bf4c848741983ed8c39e4145cf1dab,
PRAJAPATI
postalCode=263001, st=UTTARAKHAND,
serialNumber=303B55CC3063D34AC45BF8A192FC
AD15C390A1AAD7B39857D2540AE4C28A4898,
cn=RAHUL PRAJAPATI
Date: 2026.02.18 16:52:43 +05'30'
