POOJA Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) The relief sought for in this writ petition is for a mandamus directing the respondents not to intrude into the property in peaceful possession of the petitioner, and undertake any further demolition exercise on her plot; for a mandamus commanding the respondents to award fair compensation for demolition of the boundary wall on her plot; for a mandamus commanding the respondents to cause an impartial inquiry against those officers responsible for the arbitrary and illegal action of trespassing and destroying the residential property without verification of title; and for a mandamus commanding the respondents not to demolish the property raised on her plot.

(2.) The demolition exercise was undertaken jointly by the Public Works Department, Uttarakhand, the Mussoorie Dehradun Development Authority, the Dehradun District Administration as well as the Dehradun Nagar Nigam, pursuant to an order passed by a Division Bench of this Court in Writ Petition (PIL) No. 47 of 2013 dated 18.06.2018, whereby several directions were issued, including a direction to the Municipal Corporation / MDDA / State functionaries to remove all unauthorized encroachments on public footpaths / streets / roads / pavements, including unauthorized constructions made over them, within a period of four weeks from the date of the order. The Division Bench further observed that it was open to the State functionaries to impose Section 144 Cr.P.C, while removing the demolition of the illegal structures built on government and municipal lands / footpaths / streets.

(3.) While several other directions were also issued, it is not necessary for us to refer to all of them, since the directions issued by the Division Bench of this Court were modified by the Supreme Court, in its order in Special Leave Petition (Civil) No. 240832 of 2018 dated 04.07.2018. In terms of the said order of the Supreme Court, the Dehradun Nagar Nigam was required to issue appropriate notices to the unauthorized encroachers, and follow due procedure; and, thereafter, evict them if they were found to have encroached. Show cause notices were directed to be issued within three weeks from the date of the order, and a reply to the same was to be filed within three weeks therefrom. The decision was to be taken thereon within four weeks, and till a decision was taken by the competent authority, status quo was directed to remain in force. The Supreme Court made it clear that the direction would apply in respect of all the encroachers as there had to be removal of encroachments after following principles of natural justice, unless it was on a public road; the direction would apply only to encroachments which were existing earlier; and if there was any kind of encroachment, after the order of the High Court, the same should be removed after giving 24 hours' notice. With the aforesaid modification, the Special Leave Petition was disposed of.