RAJENDRA SINGH Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) In the public interest litigation filed on 27th September, 2012, it was brought to the notice of the Court that while widening the road, known as Chakrata road situate at Dehradun, from Clock Tower to Prabhat Cinema, existing buildings were sliced, whereupon no steps have been taken for reconstruction of those sliced buildings and, at the same time, the area of the road, included thereby, is being used by wrongful parking of vehicles. The writ petition, therefore, sought adequate parking facility and pathway in and around the vicinity of demolished area in order to obtain true benefit of the widening up of the road and to ensure reconstruction of the demolished building, after taking into consideration the technical expertise so as to ward off the threat of the part of the demolished buildings still standing on the passers-by. It was brought to the notice of the Court that slicing up of the buildings was done pursuant to a policy, which was communicated by a letter dated 2nd December, 2011, English translation whereof, as submitted by the interveners, is as follows:

(2.) It was contended that, pursuant to the said policy, a commercial building / complex has been constructed, where shopkeepers have been allocated and, in lieu thereof, the buildings have been sliced, but no step, pursuant to the said policy, has been taken to reconstruct the part of the buildings standing after their slicing and the same has caused nuisance to the people of the locality. It has been stated that, despite the policy contemplated acquisition of land for widening of Chakrata road, but nothing has been done.

(3.) On the writ petition, several orders were passed. Gist of them are as follows: