RAM PRASAD Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) A Public Interest Litigation being WPPIL No.47 of 2013 for removal of encroachment and unauthorised construction, including encroachment on public land and road came up for hearing before a Division Bench of this Court. The Division Bench of this Court ordered for removal of encroachment with a number of directions contained in its order dated 18.06.2018. This Court has been informed that consequent to that order, a joint encroachment removal drive was initiated by the District Administration, the Development Authority and the Municipal Corporation in Dehradun, which is presently the provisional capital of the State. Admittedly, the drive is not just for removal of unauthorised constructions but also for encroachments on public land, including public road.

(2.) This Court has been informed that one such person, who was affected by the anti-encroachment drive, approached the Hon'ble Apex Court by way of filing an SLP. The said SLP was disposed of by the Hon'ble Apex Court vide its order dated 04.07.2018 modifying the directions of the Division Bench to some extent. The Hon'ble Apex Court has directed that removal of encroachment can only be done by following principle of natural justice and fair play, and therefore a show cause notice ought to be given within a period of three weeks (from the date of passing of the order of the Hon'ble Apex Court) and reply to the same was to be filed within a period of three weeks thereafter and the decision was to be taken within a period of four weeks from the date of filing of the reply. However, the Hon'ble Apex Court clarified that this modification will not include any encroachment which is on "public road". Meaning thereby, that the removal of encroachment on a public road can go on as per the direction of the Division Bench of this Court.

(3.) The petitioner being aggrieved by the removal of the encroachment has filed the present writ petition before this Court.