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Judgment
(per Sri Manoj Kumar Tiwari, A.C.J.)
Petitioner is a resident of Village Abdipur, P.O. Prahladpur, District Haridwar. According to him, the land on the banks of river Sonali has been encroached by unscrupulous persons and the authorities responsible for removing such encroachment are not taking any steps for removing the encroachment.
Learned State Counsel, on instructions, submits that the land in question, situated on the banks of river Sonali, is recorded in Category 6(1) (water body) and it remains submerged in water during rainy season; residents of nearby villages are cultivating the said land during dry season. He submits that encroachers upon Category 6(1) land situated on the banks of river Sonali shall be removed after following due process of law.
In view of the statement made by learned State Counsel, we dispose of the writ petition with a direction to the Sub Divisional Magistrate / Assistant Collector concerned to give notices to the persons found in unauthorized occupation, asking them to show cause within fifteen days as to under which authority they are occupying the water body land. After considering their replies, the Sub Divisional Magistrate / Assistant Collector shall pass appropriate order as per law. The persons found to be in unauthorized occupation shall thereafter be removed from such water body land. The entire exercise shall be completed within one year from the date of presentation of certified copy of the order before the Sub Divisional Magistrate / Assistant Collector concerned.
The writ petition stands disposed of in aforesaid terms.
Pending application(s), if any, also stand disposed of.