YASHPAL SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) This writ petition has been filed as public interest litigation to stop the illegal constructions on public utility land, namely, land reserved for Panchayat Ghar, manure pits, water bodies (pond) of village Dausnee, Tehsil Laksar, District Haridwar. The constructions are alleged to have been raised by respondent nos. 5 to 9. It is accordingly that the relief is sought by the petitioner.

(2.) Apart from the compliance affidavit filed on behalf of respondent no. 3, we notice that a counter affidavit was filed by respondent no. 3, which is the latest of the affidavits in the matter. It is dated 19.05.2014. To the same, there is no rejoinder affidavit.

(3.) In the said counter affidavit, the third respondent, who is the S.D.M, Laksar has stated, inter alia, as follows: "B. That it is most respectfully submitted that since a report from the concerned Lekhpal was called on the issue of construction of Nali, and further team of Engineers have also been sent to submit the report, but the appropriate decision for the affective construction of Nalis could not be made and, hence, the Sub Divisional Magistrate along with all other concerned staff as well as Engineers, had himself visited the village and after hearing all the concerned parties, had made a consensus amongst the villagers, wherein instead of constructing a huge Nala adjacent to path of village, the Nala had been reduced to eight inches Nali and further other Nalis have been constructed in the village and some of them have been diverted to the pond as per their natural slope and on the basis of the consensus, so arrived, a Nali adjacent to path as well as the nail within the village, whereby some drainage were led to the pond, had been constructed. The Nalis have now been constructed and are serving the purpose.