Rajeev Kumar vs State of Uttarakhand and others

SHARAD KUMAR SHARMA, J.

K.M. JOSEPH, C.J. (Oral)

Petitioner has approached this Court seeking the following reliefs:

“(i) A writ, order or direction in the nature of mandamus directing the respondent authorities to provide alternative land or accommodation to

rehabilitate the weaker section of district Dehradun as per section 26-A(4) of UP Urban Planning and Development Act 1973.

(ii) A writ, order or direction in the nature of mandamus directing the State Government to follow the mandate of UP Urban Planning and

Development Act 1973.

(iii) A writ, order or direction in the nature of mandamus directing the authorities not to proceed in demolition drive until and unless the alternative

accommodation is provided to the weaker section of the society residing in District Dehradun.

(iv) A writ, order or direction in the nature of mandamus directing the authorities not to take any coercive measures against the persons those who are

residing list 50 years.

(v) A writ, order or direction in the nature of mandamus directing the authorities not to damage / demolish any part of the property belonging to the

class 1 ka bhumidhar without following the mandate of law in accordance with the principles of natural justice as laid down by the Hon’ble Apex

Court.â€​

There is an order passed by a Bench of this Court by which encroachments were directed to be removed in Dehradun. An SLP was filed before

the Apex Court and the Apex Court has, INTER ALIA, stated as follows:

“On a perusal of the directions contained in paragraph 19 of the impugned order passed by the High Court, we find that the High Court has

directed for removal of unauthorized encroachments. Thereafter, it has proceeded to issue series of directions. We are really not concerned with the

general directions given by the High Court. However, we are inclined to modify the order passed by the High Court to the extent that the competent

authority of Nagar Nigam, Dehradun shall issue appropriate notices to the unauthorized encroachers and follow the due procedure and thereafter evict

them if they are found to have encroached. The show cause notices shall be issued within three weeks from today and reply to the same shall be filed

within three weeks therefrom and the decision shall be taken thereon within four weeks. Till the decision is taken by the competent authority, status

quo, obtaining as on today, shall remain in force.

Our direction shall apply in respect of all the encroachers as there has to be removal of encroachments after following the principle of natural justice

unless it is on a public road. Our direction shall only apply to the encroachments which had been existing earlier. If there is any kind of encroachment

after the order of the High Court, the same shall be removed after giving 24 hours notice.â€​

It is submitted by the learned counsel for the petitioner that the judgment passed by the Supreme Court is not being complied with.

Mr. Rahul Consul, learned counsel appearing for the MDDA / respondent No. 2 submits that the directions of the Supreme Court are being

followed.

We see no reason to entertain this writ petition or to pass any further order as such. The writ petition is closed.