BALWANT SINGH RAUTELA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The following interim directions were issued by a Division Bench of this Court in the instant Writ Petition on 22.6.2006:

(2.) Mr. S.N. Babulkar, learned Advocate General for the State of Uttarakhand with Mr. H.M. Raturi, Advocate has informed us that a total of 345 encroachments have been identified, out of which, notices have already been issued to 321 persons, and that, the encroachments will be removed from the land in the occupation of the persons to whom notices have been issued and the construction effected by them will be demolished in compliance with the direction issued by this Court on 22.6.2006. However, it is submitted, that some more time will be needed for the said purpose. Learned Advocate General states that the order dated 22.6.2006 will be complied with, if two months' further time is granted by this Court positively qua 321 persons already identified, on whom notices have already been served. For the remaining 24 unauthorised occupants to whom notices have not yet been issued, it is submitted, that all efforts will be made to comply with the direction issued on 22.6.2006, within the time stipulated hereinabove. However, it is submitted, that in case it is not possible for the respondents to comply with the same qua the 24 persons on whom notices have not yet been issued/served, further extension of time may be sought in the exigency of the situation.

(3.) In view of the statement made by the learned Advocate General of Uttarakhand, it is necessary to clarify, that no further time will be sought by respondent Nos. 1 to 5 qua the 321 persons on whom notices have already been served and that they shall positively be removed from the land encroached, and the construction made on the encroached land in their possession shall be demolished, within two months from today. The aforesaid procedure, in the same time shall be carried out for the remaining 24 unauthorised occupants, as far as possible also within the same time frame. In case the aforesaid 24 persons cannot be removed from the encroached land and/or the construction made by them thereon cannot be demolished within the time stipulated hereinabove, respondent Nos. 1 to 5 shall bring the entire sequence of facts to the notice of this Court before seeking further extension in time.