Mustafa vs State Of Uttarakhand And Another

Ramesh Ranganathan, CJ

Heard Sri Mohd. Safdar, learned counsel for the petitioner and Sri Anil Kumar Bisht, learned Standing Counsel for the State Government and, with their consent, the writ petition is disposed of at the stage of admission.

The petitioner has invoked the jurisdiction of this Court, in larger public interest, seeking a mandamus directing respondent nos.1 to 7 to take immediate action for removal of the encroachments on public land / road depicted in Khasra Nos. 505 Ma and 139 respectively of adjacent villages, namely, Village Bhoridera, Block Roorkee, District Haridwar and Village Margubpur Dera, Block Roorkee, District Haridwar.

It is the petitioner’s case that the subject road had been illegally encroached upon by respondent nos. 8 to 17 and others; they had constructed their houses over the said road; as a result, the width of the road has decreased from 60 feet to 15-20 feet; the said encroachment is causing severe hardship to the public at large living in the aforesaid villages and several others; and the respondents be directed to take action to remove these encroachments, and thereby ensure that the prescribed width of the road is maintained.

Sri Anil Kumar Bisht, learned Standing Counsel for the State of Uttarakhand, would submit that the subject land was surveyed and the actual extent of the road was demarcated; on completion of this exercise, it came to light that several persons, including the petitioner, had encroached upon the road; show cause notices were issued to them on 09.01.2020 giving them 15 days’ time to submit their reply; and an order was passed on 17.02.2020 to remove the encroachments.

In the light of the submissions of Sri Anil Kumar Bisht, learned Standing Counsel for the State Government, it is evident that action is being taken to remove the encroachments; and the respondents have also complied with the rules of natural justice before taking further action.

If, as is now contended before us by Sri Anil Kumar Bisht, learned Standing Counsel for the State Government, that the petitioner is also among the encroachers, then there is no justification in his invoking the public interest litigation jurisdiction of this Court.

Suffice it, while disposing of the writ petition, to record the submission of Sri Anil Kumar Bisht, learned Standing Counsel for the State Government, that the respondents have complied with the rules of natural justice and have, thereafter, passed an order on 17.02.2020; after giving the encroachers an opportunity of removing the encroachments themselves, action would be taken against those who fail to do so; and all the encroachments would be removed within two months from today.

The writ petition is, accordingly, disposed of. No costs.