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Judgment
13 paragraphs · 231 wordsManoj Kumar Tiwari, J
The issue raised in this P.I.L. is about encroachment over a Water Body in Village Bari, Tehsil Kichha, District Udham Singh Nagar.
According to the petitioner, despite representation made to District Magistrate on 29.05.2019, the encroachment has not been removed from the
land, which is recorded as Pond.
Learned counsel for the petitioner has drawn attention of this Court to the order dated 13.06.2018 passed by Division Bench of this Court in Writ
Petition (P.I.L.) No. 65 of 2011, whereby certain directions were issued to all concerned for removing encroachment from Water Bodies or land
recorded as Water Body.
Having regard to the facts of the case, this Court thinks that ends of justice would be met, if petitioner is permitted to make representation to
District Magistrate, Udham Singh Nagar, who shall look into the matter and take appropriate decision, in accordance with law.
Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to District Magistrate, Udham Singh Nagar within ten
days from today. If such representation is made within stipulated time, District Magistrate shall look into the matter and take appropriate decision, in
accordance with law, within ten weeks from the date of production of certified copy of this order along with copy of representation.
While taking decision, District Magistrate shall hear all the stakeholders.
