The central legal point established in the judgment is the limited scope of judicial review of administrative actions and the authority of the Municipal Corporation to issue orders for removal of encroachment.

JUDGMENT :

Manoj Kumar Tiwari, J.

Petitioners in these six writ petitions are challenging the order dated 07.03.2022 passed by Municipal Commissioner, Municipal Corporation, Kotdwar, District Pauri Garhwal, whereby they have been directed to remove their encroachment from nazool/Government land or else such encroachment shall be removed by the Municipal Corporation at the cost and expense of petitioners.

2. Since common questions of law and fact are involved in these writ petitions, therefore are being taken up together and are being decided by this common judgment. However, for the sake of brevity, facts of WPMS No. 693 of 2022 are being considered.

3. Writ Petition (M/S) No. 693 of 2022 has been filed by Mr. Rajeev Kumar, S/o late Kishore Kumar seeking the following relief:-

“(i) call for the records of the case and issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 07.03.2022 passed by the respondent no. 2 holding the petitioners to have encroached upon the public land (Annexure-8).”

4. In the writ petition, it is stated that a Public Interest Litigation, [Writ Petition (PIL) No. 03 of 2020] was filed for removal of encroachment from footpath within limits of Nagar Nigam Kotdwar and a Division Bench of this Court disposed of the same by recording the statement made by State Counsel that all encroachments will be removed within eight weeks.

5. It transpires that SLP filed against the said order was disposed of by Hon’ble Supreme Court on 18.12.2020 with liberty to the persons, who filed SLP, to move the High Court with an appropriate petition/application. Pursuant to liberty granted by Hon’ble Supreme Court, review applications were filed and Division Bench of this Court disposed of the review applications, vide order dated 25.02.2021. Operative portion of the said order is extracted below:-

“6. Therefore, this Court directs the Municipal Corporation Kotdwar, District Pauri Garhwal to issue individual notices to the alleged encroachers granting them fifteen days’ time to place their documents and their side of story in order to establish the fact that they do have a right to continue to occupy the Nazool land and footpaths. An opportunity of hearing should be given to the alleged encroachers and after giving such an opportunity, a reasoned order needs to be passed by the Municipal Corporation Kotdwar. Since this exercise will require sufficient time, this Court grants the Municipal Corporation, Kotdwar two months’ time to complete the exercise. In case, the alleged encroachers are still aggrieved by the reasoned order passed by the Municipal Corporation Kotdwar, they shall be free to take recourse to the legal remedies available to them.”

6. Pursuant to order passed by Division Bench of this Court on 25.02.2021, individual notice was issued to petitioner by Municipal Commissioner on 03.03.2021, which is enclosed as Annexure-4 to the writ petition. In the said notice, extent of encroachment was mentioned and petitioner was given opportunity to produce document, in support of his contention that he has not encroached upon public land. By the said notice, petitioner was informed that he can appear in the office of Municipal Commissioner, on 23.03.2021, for personal hearing.

7. Reply given by petitioner to the aforesaid notice is enclosed as Annexure-5 to the writ petition. Perusal of the reply reveals that petitioner had raised various objections, including the objection that land in question is ‘Nazul’ land, therefore, does not belong to Nagar Nigam, Kotdwar. However, in para no. 9 of the reply, it was stated that as per Nazul manual published by a private publisher, the land in question is not Nazul land. The plea of limitation was also raised by contending that the structure in question is more than 30 years old, therefore, it cannot be disturbed, after such long delay.

8. The impugned order dated 07.03.2022 is on record as Annexure-8 to the writ petition. It refers to the notice given to pet