The main legal point established in the judgment is the obligation of authorities to remove unauthorized encroachments, maintain public paths, and ensure the rule of law in urban areas.

Rajiv Sharma, J.

This petition was treated as PIL on the basis of letter sent by Mr. Manmohan Lakhera, Journalist highlighting therein the encroachments made on the public path by unscrupulous persons. The scope of this petition was enlarged from time to time.

2. The affidavits have been filed by the District Magistrate, Dehradun. According to the latest affidavit filed by him, a meeting was called by him on 10.07.2014 for removal of encroachment over footpaths. The encroachments are removed on 06.06.2013, 07.06.2013, 10.06.2013, 11.06.2013, 12.06.2013, 13.06.2013 and 14.06.2013. The road wise list of removal of encroachments was filed as Annexure No.C.A.2 (Colly).

3. The massive drive was launched for removal of encroachments. However, the fact of the matter is that, till date, the encroachment is being made with impunity on the public paths. The affidavits filed by the private parties were taken into consideration but not found satisfactory.

4. According to the Gazetteer of Dehradun, written by H.G. Walton, ICS, First Published in 1910, a municipality, and the chief town and head quarters of the Dehradun district, is situated in north latitude 30019” and east longitude 7805”,’ at an elevation of 2,300 feet above the level of the sea, slightly to the east of the watershed line between the Ganges and the Jumna systems, occupying a plateau defined on the east by the Rispana Rao and on the west by the Bindal. Between these rivers lie the city and civil station, and beyond the Bindal are the cantonments. The town of Dehra was constituted as a municipality in 1867, and at that time its boundaries enclosed as area of only some 3½ square miles. The last alteration was made in 1909 with the object of including within municipal limits the villages of Hathibarkala and Dalanwala. New cantonments have also come in the area. This is a favourite settlement for Gorkha pensioners.

5. In sequel to the directions issued by this Court, Shri Rajeev Sharma, President of District Bar Association Dehradun has filed a very comprehensive report. The report is accepted. We will deal with the issue of encroachment road-wise/area-wise.

6. The Commissioner has visited the Chakrata Road on 14.04.2014. It is the main road leading from Clock Tower to Vikas Nagar. The worst affected area is about 500 mts. approx. starting from Clock Tower to Prabhat Cinema. Encroachment was removed in the year 2012. The shopkeepers, whose shops were demolished, were allotted shops as alternative for rehabilitation. The drive was undertaken for widening of the road. According to the G.O. 2123/V-2011-01 (vkŒ)/2011, minimum 2 mts. set back was required from the main road. This norm has been flouted with impunity. This could not happen without the connivance and collusion of the State officers/officials as well as the employees of MDDA. One glaring example of encroachment on Chakrata Road is by Mandir Samiti, Clock Tower. The portion of the Mandir property was demolished. The Mandir Samiti was allotted two shops at the MDDA Complex, however, despite that, fresh encroachment has taken place in triangular shape by the Mandir Samiti by putting angle iron and tin. The vehicles are also parked haphazardly on this road leading to frequent traffic jams. For reasons best known to the MDDA, the property of some of the shopkeepers has not been brought within the scope of demolition near the MAZZAR.

7. One more glaring example is of Prabhat Cinema. The State functionaries and the employees of the MDDA, to give undue benefit, have changed the alignment of the road itself, leading to further chaos on the road. There is large scale encroachment on the footpaths and the commercial establishments have kept their big generators on the footpaths causing great inconvenience to the pedestrians. The placing of generators right on the footpaths, besides causing inconvenience to the pedestrians, is a constant source of noise as well as air pollution. The MDDA itself has notified 850 khokhas on this