MOHD SALIM Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Present petition has been filed pro bono publico with the following reliefs:-

(2.) According to the averments made in the petition, the respondent nos. 8 & 9 have illegally encroached upon the land, situated at Khasra Nos. 27, 28, 29 & 30, on the right side of Shakti Nahar, Village Kulhal Tehsil Vikas Nagar, District Dehradun. Private respondents have also started raising construction on the encroached land. Petitioner has brought this fact to the notice of the higher authorities. The Executive Engineer issued notice to the private respondents on 30.07.2013 and directed them to remove the encroachment over the land of Khasra No. 27, 28, 29 & 30. The Executive Engineer, on 12.08.2013, requested to the Sub Divisional Magistrate, Vikas Nagar for demarcation of the land. The Enquiry Committee was constituted on 16.08.2013, comprising of Revenue Inspector, Regional Lekhpal Kulhal and Lekhpal Jassowala under the chairmanship of Nayab Tehsildar, Vikas Nagar. The Executive Engineer, again on 06.09.2013, requested the Sub Divisional Magistrate for necessary and speedy action against the encroachers. Thereafter, Sub Divisional Magistrate, vide letter dated 09.09.2013, forwarded the enquiry report to the Executive Engineer and directed the Executive Engineer to remove the illegal construction and encroachment of the private respondents.

(3.) The fact of the matter is that despite various orders, encroachers could not be evicted. The Sub Divisional Magistrate, on 24.12.2013, directed the Tehsildar, Vikas Nagar to contact the S.H.O, Vikas Nagar for obtaining necessary police force for removing illegal construction of the private respondents. Thereafter, the Executive Engineer, on 26.12.2013, issued the final notice to the private respondents and directed them to remove the illegal construction.