COMMANDANT BENGAL ENGINEERING GROUP Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present C482 application has been filed by the applicant for quashing and setting aside the judgment and order dtd. 30/5/2023, passed by learned Additional District and Sessions Judge, Haridar, in Criminal Revision No.351 of 2022, Commandant Bengal Engineering Group and Centre Vs. State of Uttarakhand and order dtd. 26/7/2022 passed by the learned Sub Divisional Magistrate, Roorkee, in Case No.8 of 2022, State of Uttarakhand Vs. Commandant Bengal Engineering Group, under Sec. 133 of Cr.P.C.

(2.) The present case arises from a long standing dispute between the Bengal Engineering Group and Centre (BEG and Centre), Roorkee and the residents of Village Bhangeri, located on the eastern periphery of Roorkee Cantonment Area. The BEG and Centre, established in 1853 presently occupies approx 648.90 acres of land classified as A-1 Defence Land, acquired through various notifications issued in 1803, 1853, 1950 & 1962. The records of this land are maintained by the Defence Estate Officer, Meerut, Cantonment Executive Officer, Roorkee. The dispute pertains to Khasra No.710, situated near the training zone of BEG and Centre. A kachha track passes through this area, which the Army contends forms part of its training field, while villagers claim it to be a public pathway (gohar raasta) used to access Dhandera Railway Station and Roorkee town. Two alternative black topped routes, constituted by the Civil Administration are available for the use of villagers. Over time differing claims arose regarding the nature of this track. Several incidents of alleged trespass and obstruction occurred, including one in February, 2008, when the villagers reportedly entered the restricted area through the Bishamber Gate, leading to official correspondence between the Army and the local administration followed up by a joint meeting held on 20/7/2010 between District Administration, Army Authorities and villagers. Thereafter, multiple civil proceedings were initiated by the villagers. In Civil Suit No.15 of 2005, Shyam Singh and others Vs. BEG and Centre, Roorkee and Civil Suit No.157 of 2012, Kallu and others Vs. BEG Centre, Roorkee, interim relief was initially granted in the year 2008 but later was set aside in appeal by the learned Additional District Judge, Roorkee, on 21/5/2009.

(3.) In subsequent proceedings the High Court of Uttarakhand in WPMS No.1261 of 2009, by judgment dtd. 7/8/2009 upheld Army's possession over the disputed land and dismissed their challenge. Despite these adjudications, a fresh application under Sec. 133 of Cr.P.C. was filed by the villagers before the learned Sub Divisional Magistrate, Roorkee, Haridwar, in the year 2022, alleging obstruction over a public path. Thereafter the learned Sub Divisional Magistrate issued a show cause notice on 27/6/2002 and passed an order on 26/7/2022 directing the Army to remove the alleged obstruction. The said order was challenged by the Army through Criminal Revision No.351 of 2022 before learned Additional District and Sessions Judge, Haridwar, which was dismissed on 30/5/2023. The matter has since continued in dispute between the parties, primarily concerning the nature and ownership of Khasra No.710 and the jurisdiction of learned Sub Divisional Magistrate to issue directions under Sec. 133 of Cr.P.C. in relation to the said land.