Disposed

Ranjeet Singh v. State of Uttarakhand

Uttarakhand HC18 Aug 2021WPPIL/140/2021

Case brief

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What is this about?

This PIL addressed encroachment over a water body in Village Bari. The court held that justice would be met by allowing the petitioner to file a representation with the District Magistrate, who must investigate and decide within ten weeks after hearing all stakeholders.

What did the court decide?

Petitioner permitted to make representation to District Magistrate; Magistrate to decide within ten weeks.

Ranjeet Singh Vs State of Uttarakhand — Environment and Pollution | Uttarakhand HC (2021)

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IN THE HIGH COURT OF UTTARAKHAND

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AT NAINITAL

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ON THE 18^TH DAY OF AUGUST, 2021

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BEFORE:

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HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI AND

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HON’BLE SHRI JUSTICE ALOK KUMAR VERMA Writ Petition (P.I.L.) No. 140 of 2021

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BETWEEN:

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Ranjeet Singh. ....Petitioner

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(By Mohd. Umar, Advocate)

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AND:

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State of Uttarakhand & others. ...Respondents

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(By Sri S.N. Babulkar, Advocate General with Sri C.S. Rawat, Chief Standing Counsel & Sri Yogesh Chandra Tiwari, Standing Counsel for the State of Uttarakhand)

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This Writ Petition coming on for hearing this day, Hon’ble Shri Justice Manoj Kumar Tiwari, J. delivered the following Judgment:

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JUDGEMENT

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The issue raised in this P.I.L. is about encroachment over a Water Body in Village Bari, Tehsil Kichha, District Udham Singh Nagar.

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According to the petitioner, despite representation made to District Magistrate on 29.05.2019, the encroachment has not been removed from the land, which is recorded as Pond.

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Learned counsel for the petitioner has drawn attention of this Court to the order dated

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13.06.2018 passed by Division Bench of this Court in Writ Petition (P.I.L.) No. 65 of 2011, whereby certain directions were issued to all concerned for removing encroachment from Water Bodies or land recorded as Water Body.

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Having regard to the facts of the case, this Court thinks that ends of justice would be met, if petitioner is permitted to make representation to District Magistrate, Udham Singh Nagar, who shall look into the matter and take appropriate decision, in accordance with law. 5. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to District Magistrate, Udham Singh Nagar within ten days from today. If such representation is made within stipulated time, District Magistrate shall look into the matter and take appropriate decision, in accordance with law, within ten weeks from the date of production of certified copy of this order along with copy of representation.

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While taking decision, District Magistrate shall hear all the stakeholders.

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(MANOJ KUMAR TIWARI, J.)

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(ALOK KUMAR VERMA, J.)

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Ranjeet Singh v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Ranjeet Singh v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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