Prakhar Kashyap vs State Of Uttarakhand And Others

Manoj Kumar Gupta CJ

Present writ petition has been filed praying for a writ of mandamus commanding respondents to remove all encroachment over water bodies, ponds, johars and the surrounding thereon measuring Rakbai 0.6760 hectare said to be recorded in the revenue records as Shreni 6(1) situated in Village Ajitpur, Pargana and Tehsil Haridwar, District Haridwar and thereby ensure compliance of the order passed by this Court in WPPIL No.65 of 2011, “Kunwar Pal Singh Vs. State and Others”. The petitioner claims himself to be Gram Pradhan of the village.

In WPPIL No.65 of 2011 on 13.06.2018 order was passed by a Co-ordinate Bench directing the State Government to remove all encroachments from ponds, johars and other lands of public utility. It is alleged that various encroachments have been made over the aforesaid land by different persons and the State respondents are not taking any action in the matter.

Undoubtedly, the petitioner has remedy under Section 122B of the U.P.Z.A. & L.R. Act. In the proceedings, the persons alleged to be in illegal encroachment, are entitled for hearing.

Having regard to the fact that an efficacious alternative remedy is available, therefore, we dispose of the instant petition with liberty to the petitioner to file application before the competent authority for initiation of proceedings under the said provision. It is further provided that in case any such application is filed, the competent authority, if it finds any substance in the application, may register a case on its basis under Section 122B of the U.P.Z.A. & L.R. Act and proceed accordingly.

Pending application, if any, also stands disposed of.