The Uttarakhand High Court directed the respondents to immediately take steps for removal of the unauthorized encroachment brought to the notice of this Court by the petitioner, without waiting for any further orders from the Court.
The Division Bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma issued notice on a Public Interest Litigation (PIL) issued notice on a Public Interest Litigation (PIL) seeking directions for removal of illegal construction and encroachment over the public utility land, recorded as Johar (pond) in situated at Village Akodha Aurangzebpur, Pargana Manglaur, Tehsil Laksar, District Haridwar.
The petitioner has placed on record, inter alia, the order passed by the Tehsildar, Laksar in a Case under Section 122B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, as also the order passed by the ADM, Haridwar on 26.10.2021, directing removal of the encroachment.
The petitioner has also placed on record the order passed by the Division Bench of the Court in Petition (PIL) No. 65 of 2011 and Writ Petition (PIL) No. 29 of 2016 on 13.06.2018, whereby the Court directed the State to remove all encroachments from village ponds/johars, playgrounds and common grazing land within six months from the date of the said order.
“We direct the respondents to immediately take steps for removal of the unauthorized encroachment brought to the notice of this Court by the petitioner, without waiting for any further orders from the Court. Reasons for not taking action so far should also be explained by the respondents in their counter affidavits”, the Bench directed.
Matter is listed on 13.09.2023 for further hearing.