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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR GUPTA, C.J., SUBHASH UPADHYAY
Rajendra Nagar Residents Welfare Society – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Manoj Kumar Gupta, C.J.
1. The present Public Interest Litigation has been filed, praying for a writ of mandamus, commanding the respondents-authorities to remove encroachment from the public utility land, i.e. public park, as well as green belt situated towards northern side of Plot Nos. 250, 251, 252, 253, 254, 266, 272, 281, 290, 299 & 308, near about total 79710 sq. ft. land in two parts 77.5 ft X 655.5 ft. as a public park and rest 49 ft. X 590 ft. as green belt in Block-A Rajendra Nagar Colony, Kaulagarh Road, Pargana Centraldoon Dehradun, District Dehradun, and to also direct demolition of the superstructures already constructed or erected by the private respondents over the aforesaid public utility land, as shown in the sanctioned layout plan dated 23.10.1964, pertaining to Rajendra Nagar Colony, Block-A, Dehradun.
2. On 10.01.2025, an order was passed, directing the Municipal Commissioner, as well as the jurisdictional SHO to visit the site, and if the Municipal Commissioner finds any encroachment, he was directed to forthwith issue directions to prevent further constructions. It was further directed that, in such an event, the jurisdictional SHO shall also seize a
PIL closed as joint inspection found no public land encroachment, illegal constructions on private land addressed by authorities via sealing and notices, and intervener pursuing parallel civil suit f....
Courts cannot decide disputed questions of title in a PIL and may direct parties to seek remedy through civil court proceedings.
Public interest litigations must demonstrate concrete public interest, and allegations of unauthorized land use must be supported by substantive evidence to be entertained.
Public Interest Litigations must serve the public interest and cannot be used for personal grievances, as established in this case.
The court directs administrative authorities to expedite action on illegal encroachments on public land while emphasizing public interest.
The role of the Public Land Protection Cell (PLPC) in examining encroachment allegations over public utility lands and taking appropriate action within a specified timeframe.
The court highlighted the importance of the PLPC in addressing encroachments on public utility lands and directed the petitioner to seek redressal through the PLPC.
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