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Judgment
RAJIV SHARMA, J; LOK PAL SINGH, J
Mr. Vipul Sharma, learned counsel for respondent no. 8 has sought time to produce the sale deed/title deed. However, today he submits at the Bar
that his client could not produce the sale deed/title deed. Accordingly, the directions issued yesterday qua respondent no. 8 are made absolute. The
construction be demolished within 14 days as ordered on 18.06.2018.
Learned counsel for the respondent no.10 has produced before us the sale deed and title deed. The veracity of the same shall be examined by the
Court tomorrow.
Respondent No.16 -
Mr. P.S. Rawat, learned counsel appearing for respondent no. 16 submits that the land in question has been vacated on which the Genset was placed
as well as the Government land. The State Government is directed to reclaim the land from respondent no.16 which was used for installing Genset and
also to demolish the high walls surrounding the resort.
Respondent No.17-
Learned counsel appearing for the respondent no.17 on 18.06.2018 had undertaken to produce the sale deed/title deed to establish his title on the land.
Neither any title deed nor any sale deed has been produced on record.
Since there is no title deed with the owner, the proceeding under Section 15(4) & (7) of the U.P. Land Revenue Act, 1901 are not maintainable. The
State Government is directed to remove the encroachment.
The respondent State is directed to demolish the structure and takeover the possession within 14 days.
Respondent No.20.
Mr. Jitendra Chaudhary, learned counsel for the respondent no.20 could not produce any sale deed/title deed over the suit property. His submission is
that he is in possession of the land of the tenure holder who belongs to Scheduled Caste category. This is not permissible under the law. The suit has
been filed on the plea of adverse possession. No suit is maintainable on the plea of adverse possession. It can only be used as a shield not a sword in
view of judgment of Hon’ble Supreme Court in 2014(1) SC 669 Gurudwara Sahib Vs. Gram Sabha.
The possession of the respondent no.20 is illegal and against the provisions of U.P. Zamindari Abolition and Land Reforms Act.
Learned Counsel for the petitioner has placed reliance upon the judgment of the Hon’ble Supreme Court 2009 (7) SCC 314 Santosh Sood Vs.
Gajendra Singh & others, and catena of the judgments.
The ratio of the judgment is not applicable because no suit is pending in the civil court. The suit filed by the respondent no.20 under Section 229B of
the U.P. Zamindari Abolition and Land Reforms Act before the Revenue Court itself is not maintainable in view of the judgment (Supra).
The State Government is directed to demolish the structure and recover the land within 14 days.
In respect of respondent no. 30, assurance was held out yesterday that the sale deed / title deed will be produced today. Neither any sale deed nor title
deed is produced. The counsel is also not present. The report qua the respondent no. 30 is accepted. He has encroached upon land of khasra no. 196,
measuring 0.057 Hectare; 0.100 Hectare in khasra no. 167; khasra no. 128, measuring 0.025 Hectare. This land falls under category IV and category
V land. The proceedings before Assistant Record Officer, Haldwani are not maintainable. The respondent State is directed to remove the
encroachment along with unauthorized construction made on these khasras as per the Commissioner’s report within a period of 14 days.
The learned counsel appearing on behalf of respondent no. 33 submits that he has instructions that his client would vacate the encroached area. The
needful be done within three weeks.
We pass the following directions:
(i) The Principal Conservator of Forests is directed to register cases against all the persons who have encroached upon the forest land under the
relevant provisions of Sections 420, 434, 447, 379 of IPC read with Section 120B of IPC and under Sections 26, 33, 61A of the Indian Forest Act,
1927, except the respondents in this case against whom proceedings have been initiated under the Forest Act, to check the menace of encroachment
on forest land, within a period of three months from today.
(ii) The investigation in these matters shall be carried out by the police officer not below the rank of Inspector to be supervised by the Senior
Superintendent of Police of the area concerned.
(iii) The Principal Conservator of Forests is also directed to file eviction cases against the persons who have encroached upon the forest land within
four weeks from today.
(iv) The Principal Chief Conservator of Forests shall issue necessary instructions to the Divisional Forest Officers of the concerned areas within a
week.
List the matter tomorrow, i.e, 20.06.2018