Back
2021 Supreme(UK) 64
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Raghvendra Singh Chauhan, Alok Kumar Verma, J.
Narendra Kumar - Appellant
Versus
State Of Uttarakhand & Ors. - Respondent
Civil Miscellaneous Review Application No. 14000 of 2021, 14002 of 2021; Civil Miscellaneous Impleadment Application No. 14001 of 2021; Writ Petition (PIL) No. 96 of 2019
Decided On : 16-03-2021
Vikas Bahuguna, Advocate, B.P.S. Mer, Advocate, M.S. Tyagi, Advocate, Chandra Prakash, Advocate, Tej Pal Singh, Advocate, S.S. Chauhan, Advocate
Only parties to a case can file review applications, and impleadment is allowed only if the party has a direct interest in the case.
Headnote:
Impleadment - Drain Construction - Order XLVII Rule 1 of C.P.C
Fact of the Case:
The writ petition sought a mandamus to construct a drain and open blocked roads. The respondents contested the allegations and filed review applications. The applicants sought impleadment, claiming misuse of the PIL process.
Finding of the Court:
The court dismissed the impleadment application, stating that the applicants were neither necessary nor proper parties. It also dismissed the review applications, as the applicants were strangers to the case and lacked standing to file them.
Issues: Impleadment of parties, review application by non-parties
Ratio Decidendi: The court clarified the criteria for impleadment and review applications, emphasizing that only parties to the case could file review applications.
Final Decision: The impleadment application and review applications were dismissed.
JUDGMENT
Alok Kumar Verma, J. - The applicants, Purshottam Maheshwari and Lalit Maheshwari, filed an application, namely Civil Miscellaneous Impleadment Application No. 14001 of 2021, along with an application, namely Civil Miscellaneous Review Application No. 14000 of 2021, contending that they are necessary party in this matter. Therefore, they may be impleaded as respondents to the proceedings. They are also seeking review of the order dated 24.02.2021 passed in this writ petition.
2. The respondents Nos. 3 to 7 herein have also filed a review application, bearing no. 14002 of 2021, seeking review of the aforementioned order dated 24.02.2021.
3. The brief facts of the case which are necessary to notice for deciding these applications are:
This writ petition has been filed seeking a writ, order or direction in the nature of mandamus commanding the respondent Nos. 1 & 2 to construct the proposed drain on Jhabrera-Jaatole road immediately and to open the blockage on two approaching roads so as to safeguard life and health of the residents of the area.
4. The case of the writ-petitioner is that in absence of proper drain system in the locality of Jhabrera town of District Haridwar, dirty and rain water over flows. Hence, the residents of the locality are bound to live in an unhygienic condition with apprehension of epidemic. Apart from this, due to blockage of two approaching roads, residents of the locality are unable to enter into the locality; instead, they have to travel through a long route. Consequently, students are reaching school late, and the residents of the area are not reaching their houses timely and safely.
5. The respondent No. 2, Nagar Palika Jhabrera filed its counter affidavit contending that the respondent No. 2 is not against the cause for which the writ petition has been filed. In fact, on the initiation of the respondent No. 2 itself, Revenue Officials inspected the area, and found encroachments on the road. Thereafter, public notices were issued on 04.05.2019 for removing the encroachments. The notices were served to the encroachers with a request to remove their unauthorized constructions like slab, wall, sheds etc. so the drain can be constructed, failing which the Nagar Panchayat will remove the unauthorized constructions. On the request of some of the encroachers including the respondent No. 3, the area in question was demarcated on 06.05.2019; it was found that there are encroachments over the Government land. The respondent Nos. 3 to 7 were impleaded in this writ petition. They filed their counter affidavit.
6. On 14.12.2020, during the arguments in the writ petition, Mr. S.S. Chauhan, learned Deputy Advocate General for the State, submitted that within a period of ten days the Sub-Divisional Magistrate will demarcate the property-in-question and submit his report for consideration before the Court. Ms. Namami Bansal, Sub-Divisional Magistrate, Roorkee, District Haridwar filed her affidavit along with her survey report. According to the survey report, there is some encroachment on Jaatole Marg, area-inquestion. During the survey, it was found that the width of Jaatole Marg should be twelve meters. However, during survey, it was discovered that presently the width of the road is merely 9.45 meters. Thus, obviously, there is an encroachment of more than two meters on the road. On 24.02.2021, this Court asked the learned counsel for the Nagar Panchayat, respondent No. 2, with regard to any steps being taken by the Nagar Panchayat against the alleged encroachment and against the alleged encroachers. Then, the learned counsel for the Nagar Panchayat gave an undertaking before this Court that the Nagar Panchayat shall take strict actions against the alleged encroachers and shall remove the alleged encroachment within a period of fifteen days.
7. The learned counsel for the applicants in impleadment application submitted that the JhabreraJaatole road was not built by any department of the Government in a planned
