PREM SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) One thing must also be stated here at the very outset. In paragraph 54 of the present writ petition, the petitioner states that this writ petition has been filed on behalf of all the villagers of Village Copa, in a representative capacity. Under which provision of law such a writ petition has been filed has not been stated. Strictly speaking though provisions of Order 1 Rule 8 CPC will not be attracted, yet principles contained therein need to be broadly followed. There is no leave sought from this Court. The concerned Gram Sabha has not been made a party. This is definitely not a Public Interest Litigation. All these questions would arise, but as earlier a petition filed by the petitioner was entertained by this Court, I refrain from going on these aspects.

(2.) This is a writ petition filed by the petitioner seeking the quashing of the order dated 13.04.2018 passed by the Principal Secretary, Irrigation, Government of Uttarakhand on directions of this Court in an earlier writ petition filed by the petitioner, being WPMS No.2520 of 2013. The directions in the earlier writ petition filed by the petitioner were to the Principal Secretary, Irrigation to decide the representation of the petitioner, which has now been done vide order dated 13.04.2018. This order is presently being challenged by the petitioner in the present writ petition. Apart from the said challenge, the petitioner seeks a direction in the nature of mandamus which is as follows:-

(3.) The case of the petitioner is that between 1962- 65 in District Nainital (at the relevant time the present District Udham Singh Nagar was the part of District Nainital), 1203.98 acres of agricultural land which was in Gram Sabha Copa, Vikas Khand Gadarpur, District Udham Singh Nagar was acquired for the purpose of construction of Haripura reservoir. He further states that agriculturists (he does not name how many) were not interested in taking any compensation for the land, in terms of money, but instead demanded that they be given an alternative land. They were also assured that in place of the monetary compensation, they will be given agricultural land. According to the petitioner, this promise was made to him by none other than the then Prime Minister of India. However, there is no document or evidence placed by the petitioner to strengthen this fact, except a bald averment.