High Court of Uttarakhand

Anil Kumar Gupta Vs. State of Uttarakhand and Ors.

MANU/UC/0614/2018

24.08.2018

Civil

No person has a right to encroach upon the Government land; temples cannot be permitted to come on busy roads and public lands

Present petition has been filed pro bono publico to highlight the unauthorized encroachments made on the footpaths and roads at Rishikesh leading to acute traffic jams throughout the towns of Uttarakhand. The Petitioner has also highlighted the unauthorized constructions and encroachments made on the public land by the religious bodies including the pollution of river Ganga and financial irregularities in the Nagar Palika Parishad, Rishikesh. The Petitioner has also highlighted that the respondents have not demolished Sai Mandir constructed on the public road, though the appeal was dismissed under Section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973.

The Petitioner has placed on record sufficient material to prove that, the Respondents are remiss in discharge of their statutory duties by permitting the citizens to raise unauthorized constructions/encroachments over the public paths, public roads including by the temples. The Petitioner has also placed on record the photographs, depicting therein, that the temples have been built on the public land, that too on busy roads. The large scale encroachment/construction could not be carried out without the connivance of the authorities.

No person has a right to encroach upon the Government land. The temples cannot be permitted to come on busy roads and public lands. A stern action is required to be taken, the moment unauthorized construction is commenced. The Authority concerned looks other way when people start encroaching upon the Government land. It is the duty cast upon the authorities to ensure that no encroachment is made on the public land, forest land and public streets. The ordinary citizens living in Rishikesh town are put to lot of inconvenience due to regular traffic jams in the entire town due to encroachments made on the public roads. The Nagar Palika Parishad has also constructed toilet without permission.

The construction activities in Rishikesh are governed by the Master Plan enforced by the Haridwar Development Authority. The construction can only be raised as per the Master Plan and the byelaws framed by the Nagar Palika Parishad. Any person, who has raised construction, even religious bodies, in violation of the master plan and in breach of bye-laws, is required to be dealt with sternly.

Respondents are directed to remove the unauthorized constructions/encroachments from the public land and the pavements in the Rishikesh Town. Respondent is directed to seal the commercial buildings/property constructed in the residential area against the master plan and building byelaws of the Haridwar Development Authority.

Tags : Encroachments Public land Removal

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