LAWS(UTN)-2023-6-15

SANDEEP KAUR Vs. STATE OF UTTARAKHAND

Decided On June 12, 2023
Sandeep Kaur Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) There are 16 writ petitioners in the present petition. They have preferred this petition to assail the notices dtd. 7/10/2022, issued to all of them by respondent No. 4, i.e., Tehsildar, Vikas Nagar, Dehradun, alleging encroachment by them on river beds, requiring them to clear their encroachment within three days.

(2.) The petitioners also seek consequential relief for a direction to respondents not to demolish their houses without adopting the process of law, as provided under Sec. 209 of the U.P.Z.A. and L.R. Act. The petitioners seek a direction to the respondents for regularization of their possession in respect of their houses, as provided by the Government Order dtd. 2/11/2020. Mr. Khan states, that the said Government Order states that persons in unauthorized occupation on government lands since 1983, are entitled to get their possession regularized.

(3.) First and foremost, we find that the notices were issued to the petitioners as early as on 7/10/2022, whereas this petition has been preferred by them collectively only in June 2023, i.e., nearly eight months after the issuance of the notices, assailed in this petition.