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Judgment
Manoj Kumar Tiwari, J
According to the petitioner, he is a member of Shanti Vihar (Phase-2) Vikas Samiti, Ajabpur Kalan, Dehradun and owns a house in Shanti Vihar. According to him, respondent no. 5 has encroached upon public road, which is creating problem for the resident of Shanti Vihar Colony.
By means of this writ petition, petitioner has sought following relief:-
(i) Issue a writ, order or direction in the nature of mandamus directing/commanding to the respondents for demolish the illegal and unauthorised encroachment raised by private respondent no. 5.
Mr. Rahul Consul, learned counsel appearing for the MDDA was asked to get instructions. Today, on instructions, he submits that respondent no. 5 has not encroached upon any part of the public road and presently, he is constructing a residential house, as per sanctioned plan. He assures the Court that no one, including respondent no. 5, will be permitted to encroach upon any part of public road, by constructing ramp or extending any structure including boundary wall.
Mr. Rahul Consul, learned counsel for the MDDA further assures the Court that MDDA will initiate a drive for clearing public road within Shanti Vihar Colony with the assistance of Nagar Nigam and District Administration, within three weeks from today. He further assures that encroachment, if any, made by any person, including petitioner, shall be cleared.
Accordingly, the writ petition is disposed by recording the statement of Mr. Rahul Consul, learned counsel for MDDA.