JUDGMENT

1. By means of this writ petition, petitioners have sought following reliefs:-

(i) To issue a writ, order or direction in the nature of certiorari quashing the order dated 17.04.2021, passed by Sub Divisional Officer (Dy. Collector), Bazpur, District Udham Singh Nagar (Annexure No. 2 to the writ petition)

(ii) To issue a writ, order or direction in the nature of certiorari quashing the report of Advocate Commissioner dated 17.04.2021 (Annexure No. 15 to the writ petition).

(iii) To issue a writ, order or direction in the nature of mandamus directing the respondent (Dy. Collector) to get measure the land belonging to category IV in possession of the petitioners measuring about 950 sqmtr leaving out 75 feet from the front of National Highway and leaving out the land of Nala (measuring the width of Nala as 20 feet (6 meter) in the back side of the land in possession of the petitioners and the respondents may restrained not to cause hinderance in the possession of the petitioners over the land measuring about 950 sqmtr having the meets and bound of the measurements as mentioned in the site plan which is annexed as Annexure no. 11 to the petition.

2. It transpires that one Mohammad Akram had filed WPPIL No. 59 of 2016 for removal of encroachment over plot nos. 803, 827/1, 827/4 and 463 of Village Sultanpur, Pargana Bazpur, District Udham Singh Nagar, which was recorded as pond land (water body) in the Revenue Record.

3. The said writ petition was disposed of by Division Bench of this Court vide order dated 04.09.2018. Subsequently, on a recall application moved by the affected persons, the final order dated 04.09.2018 was recalled and certain directions were issued to the State Government vide order dated 03.12.2018. Operative portion of the order dated 03.2.2018 is reproduced below:-

17. As the petitioner himself sought a mandamus only for a directions to be issued, in terms of the law declared by the Supreme Court in Jagpal Singh & Others (supra), we are of the view that the Division Bench was not justified in issuing directions, which not only run contrary to what the Supreme Court has held, but also go far beyond the relief sought for in the writ petition itself. We consider it appropriate, therefore, to recall the order passed in this writ petition dated 04.09.2018, and instead direct the Government of Uttarakhand to prepare a scheme for eviction of illegal/unauthorized occupants of municipal lands in the State, which are covered by water bodies such as lakes, ponds, streams, water-courses etc. As directed by the Supreme Court the scheme shall provide, among others, for a show cause notice to be given to the encroachers and to be provided an opportunity of a brief hearing. The State Government shall also take note of the exceptions carved out by the Supreme Court in the aforesaid judgment regarding lease granted under a Government Notification to landless labourers or members of the Scheduled Castes/Scheduled Tribes or areas where there exists a school, dispensary or other public utility on the land.

18. The scheme shall be prepared at the earliest and, in any event, not later than six months from the date of receipt of a certified copy of this order; and action shall be taken forthwith, after such scheme is formulated, to evict encroachers or unauthorized occupants from such land in accordance with the said scheme. Needless to state that, on such a scheme being prepared and notices being issued to those in possession of the land in terms of the scheme so formulated, it is open to persons in possession of such land, to whom the notices are given, to put forth all such defenses as are available to them in law including that the subject land, over which they are in possession, has not been a water body after the 1950 Act came into force.

4. Thereafter, Sub-Divisional Magistrate, Bazpur passed an order on 11.02.2021, whereby petitioners were asked to remove their encroachment over water body within thirty days and it was f