LAWS(UTN)-2019-12-38

SUDHIR KUMAR Vs. STATE OF UTTARAKHAND

Decided On December 05, 2019
SUDHIR KUMAR Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) This jurisdiction of this Court has invoked, allegedly in Public Interest, by a resident of the same colony where the subject plot was allotted to respondent Nos.5 & 6 on 13.12.2000.

(2.) Facts, to the limited extent necessary, are that Plot No.CP-11 was allotted to respondent Nos.5 and 6 on 27.11.1993. On the plot adjacent thereto, a transformer was located. Respondent Nos.5 and 6 appear to have made an application on 09.11.1998 seeking allotment of the adjacent plot. The U.P. Avas Vikas Nigam claims to have invited objections from the Uttarakhand Power Corporation which, in turn, is said to have informed that, if the expenditure involved in shifting the transformer was borne by respondent Nos.5 and 6, they had no objection for the transformer to be shifted.

(3.) While it is contended on behalf of the U.P. Avas Vikas Nigam, that, only after the transformer was shifted, was the subject plot allotted to the respondent Nos.5 and 6 on 13.12.2000, the petitioner contends, on the basis of a newspaper report, that the transformer, situated at Chandra Chowk, was in fact demolished only on 22.03.2013. The newspaper clipping, which the petitioner relies upon, records that the transformer was damaged by unknown persons.