SH RISHIPAL SINGH RANA S/O SH SHIVNATH SINGH AND TWO ORS AND SHRI DAYAKISHAN KALONI S/O SHRI ISHWAR DUTT KALONI AND FOUR ORS Vs. STATE OF UTTARANCHAL THROUGH CHIEF SECRETARY UTTARANCHAL SHASHAN AND SIX ORS

JUDGEMENT

(1.) Since the controversy involved in both the writ petitions is similar and pertains to the same land, therefore, for the sake of convenience, both these writ petitions are being decided by this common judgment.

(2.) The petitioners of the Writ Petition (PIL) No. 1197 of 2005 (M/B) have sought the following reliefs:

(3.) By Government letter dated 27-2-2004 (Annexure 9), the Principal Secretary, Panchayati Raj, Uttaranchal Shasan, informed the Principal Secretary, Medical and Health that in view of the decision taken in the meeting held on 17-4-2003 and on the basis of the recommendation made by the Commissioner, Kumaun Division and as per resolution dated 11-1-1972 of the District Board Nainital, the Governor had accorded sanction for transfer of 0.052 hectare of land of Khasra No. 363 and 0.757 hectare land of Khasra No. 364 of village Amritpur, Tehsil Kashipur (total 0.809 hectare of land) which is presently under the control of the Medical Department with certain conditions as contained in the letter to the medical department for use as a Community Health Centre. In Clause (A) of the conditions it is provided that if the transferred land is used for any other purpose, fresh approval should be obtained. In Clause (B) it is provided that if there existed any forest property over the land or any other related religious or private property of historical importance, the same shall not be damaged.