Mahipal vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

According to the petitioner, he is a slum dweller. He is seeking enforcement of the Rules, which were notified by the State Government on

30.09.2016. The said Rules provide for grant of ownership right to slum dwellers over the land on which their slum is erected.

By means of this writ petition, following relief has been sought:-

(i) a writ or order or direction in the nature of mandamus commanding the respondents to implement the rule 2016 notified on 30.09.2016 and execute

the title deeds in favour of petitioner in a time bound manner.

A counter affidavit has been filed by Assistant Municipal Commissioner, Nagar Nigam Haridwar. In para 5 of the counter affidavit, it has been

stated that for achieving the objective of the Rules, District Magistrate, Haridwar had constituted a District Level Committee, which identified 46 slum

areas within Nagar Nigam Haridwar and now the matter is pending before the State Government. Para 5 of the said counter affidavit is extracted

below:-

That in reply to the contents of para no. 3 of the writ petition, it is most respectfully submitted that the District Magistrate Haridwar for achieving

the objective of the Act and Rules in issue had constituted a District Level Committee, in which the District Magistrate was appointed as Chairman of

the said committee and the answering respondent was appointed as member secretary, apart from other members. True/photocopy of the order dated

18.10.2016 is beig filed herewith and marked as Annexure No. CA-1 to this affidavit.

After the District Level Committee had been constituted the public notice were issued/published on 20.10.2016, wherein, within the jurisdiction of the

Nagar Nigam Haridwar 46 slum areas were identified and further the opportunity was given to each and every one to submit the objection, if any, on

or before 24.10.2016 regarding the inclusion of any other slum area. True/photocopy of the notice published on 20.10.2016 is being filed herewith and

marked as Annexure No. CA-2 to this affidavit.

That after the necessary exercise was carried out at the lower level of the municipalities of the District Haridwar and such the information collected,

was placed before the District Level Committee for approval. True/photo copy of the approval granted by the District Level Committee is being filed

herewith and marked as Annexure No. CA-3 to this affidavit.

That subsequent thereto the Director of the State Urban Development Authority had issued the necessary communication to the State Government on

08.12.2016 in which it has been stated that the necessary proposal had been submitted by the different municipal corporation and municipalities

including the answering respondent corporation and it has been stated that the aforesaid proposal may be considered by the State Level Committee so

that further approval be granted. True/photo copy of the communication dated 08.12.2016 is being filed herewith and marked as Annexure No. CA-4

to this affidavit.

That it is most respectfully submitted that the State Government vide order dated 21.12.2016 had agreed to declare the slum area under category-I

and the matter was further proceeded for notification in the official gazette, however, till date the notification in the official gazette has not been issued

and hence no further steps could be taken. True/photo copy of the order dated 21.12.2016 is being filed herewith marked as Annexure No. CA-5 to

this affidavit.

From the stand taken on behalf of respondent no. 3 in para 5 of the counter affidavit, it is apparent that the matter is now pending before the State

Government.

In such view of the matter, the writ petition is disposed of with a direction to respondent no. 1 â€" Secretary, Urban Development, Dehradun to

take decision in the matter as early as possible, preferably within four months from the date of production of certified copy of this order to ensure

implementation of the Rules.