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Judgment
Ramesh Ranganathan, CJ
Mr. Raveendra Singh Bisht, learned counsel for the review applicant / respondent No. 5.
Mr. Devendra Singh, Advocate holding brief of Mr. Jitendra Chaudhary, learned counsel for the petitioner.
Mr. C.S. Rawat, learned Addl. Chief Standing Counsel for the State / respondent Nos. 1 to 3.
The order of this Court, review of which has now been sought, required the fifth respondent to hand over possession of the allotted land to the State Government within four weeks, failing which the District Magistrate was required to take immediate steps to remove the garage from the land forthwith.
On review of the said order being sought, we had, in our order dated 29.03.2019, recorded the request of Mr. C.S. Rawat, learned Addl. Chief Standing Counsel, for grant of time to file a detailed counter affidavit to explain the source of power of the State Government to grant the land on lease to the fifth respondent; and as to why the fifth respondent was picked and chosen for grant of this largesse. We had also taken note of the request of Mr. Arvind Vashistha, learned Senior counsel for the fifth respondent, that he be granted time to explain how, and under what authority of law, the subject land was given to the fifth respondent.
Today, both Mr. C.S. Rawat, learned Addl. Chief Standing Counsel and Mr. Raveendra Singh Bisht, learned counsel for the fifth respondent, seek further time. Mr. Bisht would submit that the fifth respondent has filed an application under the Right to Information Act seeking further information.
It does appear that both the fifth respondent, and the District Magistrate, have avoided complying with the order of the Division Bench dated 19.06.2018.
The State Government shall file its counter affidavit not only furnishing details of the source of power to grant the land on lease to the fifth respondent, but also why the fifth respondent was picked and chosen for grant of this largesse. They shall also explain why the order of the Division Bench dated 19.06.2018, whereby the State Government was required to take action to remove the garage, in case the fifth respondent did not hand over possession of the allotted land to the State Government within four weeks, has not been complied with till date. In case, no affidavit is filed on behalf of the State Government by the next date of hearing, the District Magistrate, Haridwar, shall be personally present in the Court on that date.
Post on 14.06.2019.