YASEEN; RAHEESA BEGUM; SHALAB KUMAR; KAMLESH RANI; AJAY AGRAWAL AND ORS Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) These writ petitions, 41 in number, raise common questions and, hence, we are deciding the same by the following common judgment.

(2.) A Public Interest Litigation was filed in this Court as Writ Petition (PIL) No. 16 of 2012. The prayer sought in the said Public Interest Litigation was to take major steps for smooth functioning of the drainage system in rainy seasons after removing the illegal encroachment over the Laxmi Minor Irrigation Canal, which passes through mid (middle) of Kashipur city. In the said Public Interest Litigation, this Court had passed certain orders, which are relevant to be appreciated in order to resolve the disputes projected in these writ petitions. It is pertinent to extract two orders in particular. They are order dated 17.09.2012 and order dated 17.12.2012. We extract the same as under respectively:

(3.) Incidentally, we should also notice that the Court had earlier, by order dated 17.07.2012, appointed Commissioners for the purpose of inspecting the locality and to submit the report. A report was submitted by the Commissioners. Pursuant to order dated 17.12.2012, proceedings were initiated under the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter referred to as the "Act").