JAN SAHYOG SEWA SAMITI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applications for permission to file the special leave petitions are allowed.

(2.) In this batch of cases, wherein, we allowed mentioning and accepted to hear learned counsel on an urgent and emergent basis, the complaint raised is, that the impugned order directs removal of all encroachments, and assumption of possession by the railway authorities, under all circumstances by 09.02017.

(3.) We are informed by the learned counsel representing private parties, besides a representation at the behest of the State of Uttarakhand itself, that the proceedings before the High Court, which were initiated in the nature of public interest litigation, did not even entail a prayer for the removal of encroachments from the alleged railway line, and did not even contain pleadings expressing unauthorised occupants.