WPPIL No.

174 of 2018
Hon’ble V.K. Bist, J.
Hon’ble Sharad Kumar Sharma, J.
Mr. Harspal Sekhon, Advocate for the
petitioner.
Mr. S.N. Babulkar, learned Advocate
General with Mr. Paresh Tripathi, Chief
Standing Counsel for the State of
Uttarakhand.
Heard learned counsel for the parties.
Petitioner has approached this Court for
a direction to the respondent no. 5 Circle
Officer, Rudrapur, District Udham Singh
Nagar to take action on the order passed by
respondent no. 4 S.D.M. Rudrapur, District
Udham Singh Nagar on 06.06.2018 by
removing the encroachment in the shape of
concretes structure holding gates on public
roads in Model Colony, Bali Vihar, Surya
Enclave Railway Colony, Rudrapur, District
Udham Singh Nagar.
Everybody is well aware of the menace
of encroachment in public roads, market
places, land belonging to Government &
Municipalities and also encroachment in
lanes & connecting roads, hence, we are of
the view that encroachment from all those
places should be removed. Therefore, we
enlarge the scope of this P.I.L. from District
Headquarter to all the 13 Districts of the
State of Uttarakhand.
We direct all the District Magistrate’s of
the State of Uttarakhand to constitute a
Committee district wise, in which a Revenue
Officer will also be a Member. That
Committee will identify the encroachments
made on different places like public roads,
market places, land belonging to
Government & Municipalities and
encroachment in lanes & connecting roads.
The said Committee will be constituted
within a period of one month from today. The
said Committee will look into the records and
will also invite applications from the general
public where encroachment is made and,
thereafter, after thoroughly going through
the records, will submit its report to the
concerned District Magistrate within a period
of three months thereafter.
All the District Magistrates of the State
of Uttarakhand shall submit the report of the
Committee before this Court on or before
08.02.2019.
This order will not come in the way,
where order has already been passed by the
Co-ordinate Bench of this Court for removal
of the encroachment.
Thereafter, the Court will consider for
passing orders for the removal of such
encroachments.
The Committee, so constituted by the
District Magistrates, is directed not to be
influenced by any corner.
Petitioner is directed to file amended
memo of parties in the Registry within 24
hours impleading all the District Magistrates
of the State of Uttarakhand as party
respondents.
Let a certified copy of this order be
issued to the learned Chief Standing Counsel
within three days free of cost.
List this matter on 11.02.2019.
In the meantime, District Magistrate,
Udham Singh Nagar is also directed to take
action on the recommendation of the S.D.M.
Rudrapur, District Udham Singh Nagar
dated 06.06.2018.

(Sharad Kumar Sharma, J.) (V.K. Bist, J.)

06.10.2018
Arpan