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2019 Supreme(UK) 388

SUDHANSHU DHULIA
Sundar Singh – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
Arvind Vashistha, Adv., Vivek Pathak, Adv., Anurag Bisaria, Adv., S.K. Jain, Adv., Siddhartha Jain, Adv.

JUDGMENT :

Sudhanshu Dhulia, J.

The petitioners before this Court, who are five in numbers, are all residents of Village "Banglow Ki Kandi", which has its "Gram Sabha" and its "Panchayat." This village is admittedly situated in close proximity to the hill station "Mussoorie", in Uttarakhand. It is also adjacent to a favourite tourist point which is a water fall, called "Kempti Fall".

2. The petition has been filed by the petitioners challenging the two orders i.e. order dated 27.05.2016 passed by the Additional Secretary, Government of Uttarakhand and the subsequent order dated 15.07.2016 by which the District Magistrate/Collector of District Tehri Garhwal has executed a lease deed in favour of private respondent no. 3, for constructing and running a parking area, in the land of Gram Sabha "Banglow Ki Kandi". The land is admittedly a part of the village and is classified under Section 9(3)(E) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (from hereinafter referred to as the Act), which is a "banjar". It is the nature of allotment which is in question as it is purely for commercial purposes and allegedly in violation of the Government Orders dated 09.05.1984 and 1

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