Manoj Kumar Tiwari JUDGMENT
Rajiv Sharma, Actg. C.J.
1. 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 Nagar Palika has regularized 27 encroachers on the Government land at Virbhadra Marg.
2. The respondents have admitted 1127 encroachments in Ghat Marg, Mukherji Marg, Agnihotri Marg, Kshettra Road, Tilak Road, Lajpat Rai Marg, Bhairo Mandir, Gole Market, Chandreshwar Marg, Haridwar Marg, Hiralal Marg, Maniram Marg, Bengali Mandir Marg, Sudama Marg, Pushkar Mandir Marg, Jeevani Mai Marg, Subhash Chawk, Jhanda Chawk, Main Bazaar, Nabha House (Ghat Marg) in Rishikesh. The unscrupulous persons have encroached upon and constructed the shops over Saraswati Drain to the extent of about 57 meters. The respondents have also not evicted 145 encroachers, who have encroached upon National Highway-58. The petitioner has also placed on record the details of 500 persons who have encroached upon Railway Road, Shyampur Bye-pass Road, Pushulok, Bairage Marg, Veer Bhadra Road, Risikesh Doiwala Marg. As many as 13 unauthorized constructions have also been raised in Navin Mandi Sthal.
3. Initially, the Nagar Palika Parishad, Rishikesh has granted permission to the Sai Sewa Samiti on 28.05.2009, to raise the construction. Thereafter, it was withdrawn. The Haridwar Development Authority has ordered for demolition of temple on 08.07.2009 against which Sai Sewa Samiti filed an appeal before the Commissioner. The Commissioner has dismissed the same on 18.02.2010.
4. The petitioner has placed on record, the news item whereby 13 temples have encroached upon the public land. The illegal encroachment has led to the pollution in Saraswati Nala. The Saraswati Nala has not been cleaned for last 10 years. Even the Nagar Palika Parishad has constructed 13 buildings without obtaining the permission from the Haridwar Development Authority. The petitioner has also highlighted the financial irregularities committed by the Nagar Palika Parishad, Rishikesh including purchase and installation of Signal Lights in Rishikesh, decrease in collection of house tax, collecting house tax from the persons unauthorizedly occupying the Government land. The petitioner has prayed for the removal of encroachments from the public land, public roads, public paths and also demolition of unauthorized construction which was raised without obtaining the permission from Nagar Palika Parishad and Haridwar Development Authority. The petitioner has also highlighted that the temples are raising construction on public land with impunity.
5. The respondents have filed counter affidavits to the petition filed by the petitioner.
6. As far as Sai Sewa Samiti's case is concerned, it is stated that after the orders of Commissioner Garhwal, Sai Sewa Samiti has filed revision before the State Government and the proceedings were stayed. Latest status has not been placed on record.
7. It is stated that notices were issued to 1127 persons who have encroached upon the public paths as per the details given in paragraphs no. 4 and 5 of the writ petition.
8. The respondents have also taken a stand that notices were issued in the newspaper. Thereafter........