The Uttarakhand High Court issued notice to all the District Magistrates in the State, as well as to all the Divisional Forest Officers in the State to similarly carry out inspection of the State Highways and State Roads; to report with regard to the existing encroachments, and to take remedial steps to remove the same without any further delay.
The Division Bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal issued notice on a Public Interest Litigation registered suo motu by the Court on the basis of the letter received from one Prabhat Gandhi, dated 19.07.2023, pointing out the encroachment which is taking place by the people on the road between Khutani Mod and Padampuri.
The photographs have also been placed on record, which show that along the Highways, on forest land, several persons have set up their business enterprises, and even a temple is proposed to be set up which is presently bounded by barbed wires.
The High Court took cognizance of the fact that this situation is rampant in the State, not only on the road in question, but on the other roads as well. The people are tempted to encroach on government land/ forest land falling along the Highways, and the State Roads on account of easy accessibility and due to lack of supervision and vigil by the State Authorities, particularly, the Revenue and the Forest Authorities in the State.
“We would not like to jump to any conclusion, but the possibility of the officers on the ground belonging to the aforesaid departments, being in hand in gloves with such encroachers, cannot be ruled out.”
The Court directed the District Magistrate, Nainital, and the Divisional Forest Officer, Nainital to file specific report in relation to the encroachments pointed out by the petitioner, and to take remedial steps without waiting for any further orders from the Court, in case it is found that such encroachments have actually taken place .
The status report should indicate the action taken by the authorities for removal of the encroachment, if any , the Bench directed.
The Bench directed the Secretaries of the High Court Legal Services Committee (HCLSC) and the District Legal Services Authority (DLSAs) to take the assistance of the Para Legal Volunteers for reporting encroachments, as aforesaid, and they shall file reports before this Court in respect of their respective Districts, giving the status of encroachments found, with photographs and particulars of locations, before the next date.
The Court listed the matter on 05.09.2023 for further hearing.