AI Structured Summary
Not yet generated for this judgment
Judgment
Rajiv Sharma, ACJ.
According to the averments made in the petition, land of Nagar Nigam, Roorkee was initially leased in favour of Smt. Sushila Devi. The lease deeds
expired on 26.05.1995 and 21.07.1997 respectively. Thereafter, her son Dr. Samrat Bharat made an Application to the Municipality in the year 2000
seeking renewal of the leases in his favour. However, the leases were not renewed in his favour. Thereafter, it is stated that Dr. Samrat Bharat and
Samarth Bharat have sold the land to certain individuals, including respondent no. 4 by way of sale deed on 23.12.2015. Respondent no. 4 is neither
present in person, nor represented.
Respondent State has filed a comprehensive affidavit. It is reiterated in the counter affidavit that the lease was granted in regard to the land situated
in Mohalla B.T. Ganj, Roorkee in the name of Smt. Sushila Devi for a period of ninety years. The lease deeds expired on 26.05.1995 and 21.07.1997
respectively. The lease holder Smt. Sushila Devi died in the year 1996. Thereafter, her son Dr. Samrat Bharat made an application on 06.08.2000 for
transfer / renewal of the lease deeds in his name. However, before a decision on the application made by Dr. Samrat Bharat could be taken, it has
come on record that Samrat Bharat and his son Samarth Bharat have sold the property in question vide sale deed dated 23.12.2015 to respondent no.
Thereafter, complaints were made. The District Magistrate, Haridwar looked into the matter. He submitted a report. The report is dated 15th
October, 2017 (Annexure No. 1 to the counter affidavit). The District Magistrate has also visited the spot in the presence of Sub Divisional
Magistrate, Roorkee, Tehsildar and others. It was found that the construction over the land in question has been done without there being any
sanctioned map. Therefore, the District Magistrate sealed the multistoried building. It has also come in the affidavit that till date the lease deeds have
not been renewed either in the name of Dr. Samrat Bharat or Samarth Bharat, thus, they had no authority to sell the land of Nagar Palika.
The land, which was never leased in favour of Dr. Samrat Bharat/ Samrath Bharat, could not be sold to respondent no. 4. The land belongs to
Nagar Palika. How it has been sold is not understandable. Nagar Palika should have been vigilant to ensure that its land is not sold illegally.
Accordingly, the Principal Secretary, Urban Development, State of Uttarakhand / respondent no. 2 is directed to take appropriate action on the
report dated 15th October, 2017 submitted by the District Magistrate, Haridwar, within a period of six weeks from today to reclaim the land /
structures.
The writ petition, accordingly, stands disposed of.