Sunil Yadav v. State of Uttarakhand

2024:UHC:9934-DB SL. . Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar 's or der w it h Sign at u r es COURT'S OR JUDGE'S ORDERS

WPPI L No. 192 of 2024

Hon 'ble Man oj Ku m ar Tiw ar i, A.C.J. Hon 'ble Alok Ku m ar Ver m a, J.

Mr. Prasoon Dhariyal, learned counsel, holding brief of Mr. Vikas Pande, learned counsel for petitioner.

¶2Mr. P.C. Bisht, Additional Chief Standing Counsel for the State of Uttarakhand / respondents.

¶3Petitioner is resident of Village Dahra, Tehsil Sitarganj, District Udham Singh Nagar. In this writ petition filed by him in public interest, he has raised the issue of encroachment over Government land and also sale of Government land by unscrupulous persons.

¶4Petitioner has relied upon a report submitted by Tehsildar, Sitarganj to Sub Divisional Magistrate, Sitarganj, which is on record as Annexure-7 to the writ petition. Perusal of said report reveals that six persons have encroached upon public land and they are doing farming thereupon. Learned counsel for petitioner has drawn our attention to documents enclosed as Annexure-3 to the writ petition. Perusal of these documents reveals that, some persons in encroachment over Government property have executed agreement to sell public land in favour of prospective buyers.

¶5Learned counsel for petitioner submits that not only agricultural operations are being carried upon Government land by some unscrupulous

2024:UHC:9934-DB persons, but, they are also selling Government property, by executing agreement to sell or sale deeds.

¶6The issue raised by petitioner is serious. The report of Tehsildar is dated 31.08.2024. What action is taken on the said report is not known. Unauthorised occupation over Government property is rampant in some parts of the State. Such a situation cannot be left unabated.

¶7We, therefore, dispose of the writ petition by directing District Magistrate, Udham Singh Nagar to constitute a committee consisting of not less than three senior officers, which shall look into the complaints regarding encroachment, not only in Tehsil Sitarganj, but, in all Tehsils of District Udham Singh Nagar, within four months from date of constitution of such committee. We hope and expect that District Magistrate shall constitute the committee, within ten days from receipt of certified copy of this order. Based on the report of committee, the competent authority shall take necessary steps, for removing encroachment from public land, after giving fifteen days notice to the persons, found to be in encroachment over public land. The encroachment shall be removed, but, only after considering the reply, if any, submitted by concerned persons, found to be in encroachment over public land. This Court hopes and expects that this entire exercise shall be completed, within eight months.

( Alok Ku m ar Ver m a, J.) ( Man oj Ku m ar Tiw ar i, A.C.J.)

26.12.2024 Navin NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,

2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3cti a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9A 86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2024.12.27 18:25:23 +05'30'