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Judgment
Barin Ghosh, C.J.—The reason for giving the land in question to a private organization does not appear to be clear. In terms of the order impugned in the writ petition within three years time construction was required to have commenced. In the body of the petition filed on 22nd August 08.2008, it had been stated that no construction had been made within three years time.
In the counter affidavit filed by the State, photographs of constructions have been shown which suggest construction of a small shed. It appears that a vast track of land measuring 4.047 hectares has been given to a private organization, but reason and purpose thereof has not been disclosed and even if disclosed has not been properly highlighted. We accordingly, direct Respondent No. 3 not to make any further construction on the land in question and ask the District Magistrate, Dehradun to ensure that no further construction takes place on the land in question.
The State Government is called upon to show cause why the allotment shall not be cancelled, inasmuch as the reason for giving such a huge track of land to a private organization is not only absent in the counter affidavit filed but appears to have not been gone in even when, by passing the cabinet, an approval was obtained from the Chief Minister for allocation. If this kind of allocation or allotment is permitted, it appears to us that the members purporting to function as Government may dispose of whole of the State land. Such show cause be filed within seven days from today.
List on the top of list on 6th December 2010 in daily cause list.