KARNAIL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) A Government Order was issued by the State Government on 18/7/2016, declaring its policy for regularization of certain category of unauthorized occupation over public land, recorded in revenue records as Class-IV. It also provided for grant of bhumidhari rights to eligible persons over such land.

(2.) Petitioners applied in terms of the Government Order for regularization of their unauthorized occupation over land comprised in Khasra No. 448/1/1 and Khasra No. 448/3, admeasuring 4.018 hectare, situate in Village Khairna, Tehsil Sitarganj, Nanakmatta, Udham Singh Nagar. The District Magistrate called a report from concerned Sub Divisional Magistrate. In his report, the Sub Divisional Magistrate stated that the land in question, sought to be regularized by petitioners, is a water body, therefore, benefit of the policy decision contained in Government Order dtd. 18/7/2016 cannot be given to them in view of Sec. 132 of Zamindari Abolition & Land Reforms Act, 1950.

(3.) Sec. 132 of Zamindari Abolition and Land Reforms Act, 1950 is reproduced below:-