PROF AJAY SINGH RAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) Pursuant to our earlier orders, affidavit of Sri Rohitas Sharma, Executive Officer, Nagar Palika, Nainital has been filed. It is stated in the affidavit that different residential and commercial properties mentioned in Annexure No.1, are in unauthorized/illegal possession of the persons mentioned in Annexure No.1. At one hand, the District Administration and Municipality are facing problem to provide parking facilities and other utility services, on the other hand important municipal properties are in illegal and unauthorized possession of different former employees, their legal heirs and the people, who have political affiliation.

(2.) We direct the Executive Officer, Nagar Palika, Nainital, District Magistrate, Nainital and SSP, Nainital to ensure eviction of all unauthorized/illegal occupiers, as mentioned in Annexure No.1 within 60 days from today. They shall be at liberty to use such police force as they deem fit.

(3.) It is further stated in the affidavit of Sri Rohitas Sharma that the Nazool land which was being used for Pony stand, wrongly got allotted and declared free hold in favour of Ram Saran Sahdev, as mentioned in Annexure No. 2. Hon'ble Apex Court in the case of Jagpal Singh and Others vs. State of Punjab and Others reported in (2011) 11 SCC 396 having placed reliance of the earlier judgments of the Supreme Court in the case of Chigurupati Venkata Subbayya vs. Paladuga Anjayya SCC P. 529 and in the case of Hinch Lal Tiwari vs. Kamala Devi (2001) 6 SCC 496 has held that the land reserved for public purposes or public utility cannot be allotted either for residential or commercial purposes either by the Collector or by the Municipality Board or Gaon Sabha or by the State Government. Hon'ble Apex Court was further pleased to issue direction that all such encroachment from the public utility land be removed forthwith.