Mahendra vs State Of Uttarakhand And Others

Ramesh Ranganathan, CJ

Heard Mr. S.R.S. Gill, learned counsel for the petitioner, Mr. Amit Bhatt, learned Dy. Advocate General for the State of Uttarakhand, Mr. Dinesh Bishnoi, learned Standing Counsel for the fifth respondent-Nagar Nigam, Kashipur and Mr. Abhishek Verma, learned counsel appearing on behalf of the private respondents.

The jurisdiction of this Court, under Article 226 of the Constitution of India, has been invoked seeking a writ of mandamus directing the respondents authorities to take immediate action against the private respondents for having encroached upon Government land in village Hempur Ismile i.e. Himmatpur, Tehsil Kashipur, District Udham Singh Nagar; and a writ of mandamus directing the fourth respondent to look into the matter and to bring the actual and correct records before this Court.

When the matter had come up before us earlier on 07.11.2019, we had granted time both to the learned Deputy Advocate General and the learned Standing Counsel to obtain instructions from the State Government and the Kashipur Nagar Nigam, respectively.

Today both Mr. Amit Bhatt, learned Dy. Advocate General, and Mr. Devesh Bishnoi, learned Standing Counsel, would assert that, besides the private respondents in this writ petition, there are 20 others, all of whom have encroached upon Government land; and this had resulted in the National Highway Authority being forced to divert construction of National Highways, and to construct a bridge, to avoid facing the problem of laying a road on this encroached land.

Mr. Abhishek Verma, learned counsel for the private respondents, would however contend that the private respondents are owners of the land; and they have not encroached upon Government land.

This Court would not, in proceeding under Article 226 of the Constitution of India, adjudicate upon disputed of question of the fact. While the petitioner's claim is supported both by the District Magistrate, Udham Singh Nagar and Kashipur Nagar Nigam, who contend that the private respondents have encroached upon Government land, suffice it to direct both the District Magistrate, Udham Singh Nagar and Kashipur Nagar Nigam to take action to remove the encroachments in accordance with law, after putting the encroachers on notice, and after giving them a reasonable opportunity of being heard. The official respondents herein shall put all the alleged encroachers, including the private respondents herein, on notice within three weeks from today. The persons, to whom notices are issued, shall submit their reply thereto within three weeks thereafter. The official respondents shall, within four weeks from the date of receipt of their reply, pass a reasoned order, and thereafter take necessary action, for removal of encroachments, in accordance with law.

The writ petition is, accordingly, disposed of. No costs.