TAHESEEN Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) Present Petition is filed assailing the Resolution dated 01.06.2009, Annexure No. 5 to the writ petition, passed by Nagar Panchayat/Town Area Committee, Landhora, Roorkee District Haridwar, whereby land of Khasra No. 780 measuring 0.697 hectare was decided to reserve for allotment for the residential purpose to the weaker Ss. of the society as well as judgment and order dated 20.11.2010, Annexure No. 7 to the writ petition, passed by the Assistant Collector, 1st Class/Deputy Collector, Roorkee, whereby land of Khasra No. 780 measuring 0.697 hectare Village Landhora Pargana Manglaur Tehsil Roorkee, District Haridwar was directed to be recorded as reserved land for the allotment for the residential purposes to the weaker Ss. of the society. Undisputedly, land of Khasra No. 780 measuring 0.697 hectare was recorded as Khaliyan in the Khasra and Khatauni maintained by Revenue Authorities; perusal of Annexure No. 2 as well as photographs Annexure No. 4 would reveal that although land of Khasra No. 780 measuring 0.697 hectare is recorded as Khaliyaan, however, on the spot, there is a village pond (water body).

(2.) Undisputedly, after the creation of the Town Area, land of Khasra No. 780 measuring 0.697 hectare had fallen within the territory of Town Area, Landhora.

(3.) Hon'ble Apex Court in the case of Jagpal Singh and others Vs. State of Punjab and others reported in : 2011 (11) SCC 396 in paragraph nos. 2, 3, 4, 17, 18, 19, 20 and 23 has held as under: