Listening to an pressing matter, the Uttarakhand Excessive Court docket on Saturday stayed an ongoing drive to free water our bodies and seasonal streams of encroachments in Dehradun, saying arbitrary motion below the duvet of courtroom orders won’t be allowed.
Over the last listening to, the courtroom had requested the state to put in CCTV cameras and the DGP to tell the SHOs within the respective space to take motion towards these dumping particles into water our bodies. The matter was listed on April 15. Nonetheless, on April 5, the administration began the serving notices to residents in slums in Vikasnagar, and demolitions had been initiated later, prompting an pressing listening to.
Chief Justice G Narender mentioned that the state ought to have despatched notices, carried out a survey, and proceeded. “All that is completed to drive the courtroom to tie its personal palms. We received’t admire this conduct from the officers,” he mentioned.
Three PILs had flagged encroachments on water our bodies and drains in Rajpur, Doon Valley. One other petition flagged personal encroachments on a rivulet and prayed that the seasonal streams in Sahastradhara needs to be freed of encroachment.
An intervenor was filed by and on behalf of the villagers from Vikasnagar on Friday. On April 5, they acquired a discover stating that their properties had been ordered to be “demolished as they had been constructed on water our bodies”. The intervenor mentioned the candidates would file property paperwork displaying possession as per the federal government information by April 15. “That now hastily, the administration has began taking motion towards the properties with out giving them a chance to being heard and confirm their paperwork of title of the properties, which is totally in contravention to judgment handed by Hon’ble Supreme Court docket in Manoj Tibrewal Aakash case and therefore as per the identical likelihood could also be afforded to candidates to be heard on their half. That the respondent administration has began taking coercive motion towards the candidates which is towards the precept of pure justice,” it mentioned. It prayed for a keep on demolitions and requested for an pressing listening to.
The courtroom was apprised that the location was granted in a housing scheme and over 100 homes have been granted below the Indira Awas Yojana and PM Awas Yojana. “If websites have been allotted below these schemes, then how do you justify your demolition? We won’t burden the state exchequer; we are going to make the officers accountable and they’ll pay from their pockets. We won’t enable such arbitrary actions below the duvet of courtroom orders. There’s a due course of, and you need to full the due course of. What had been you doing all nowadays? Why all of a sudden on the weekend (demolition)? Sham motion, let the courtroom go the keep order and we are going to sit ‘aram se’. If we discover that they haven’t acted with a clear hand, they must pay the worth,” the Chief Justice mentioned.
Additional, the courtroom requested how the location was granted in the event that they had been in river beds. “We’re a welfare state, you admit the websites are allotted to them by the state, who allotted the websites within the riverbed? Who’s accountable for that? Don’t take any coercive motion until April 15, persuade the courtroom after which proceed,” the courtroom mentioned.
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The counsel for the petitioner within the authentic case, Abhijay Negi, mentioned that the one urgency the petitioner had raised earlier than the courtroom by way of a supplementary affidavit was stating that two streams had been being crammed up with sand. “Within the compliance report filed by the state, in these two websites, the river is being crammed, and nobody’s home is there…” he mentioned.
Studying out the compliance report of the state, Negi mentioned, “Building work is being carried out… and in a land within the type of a drain through which varied individuals have bought land and constructed buildings. The complicated constructed by Mr Makin has been prolonged from the principle street in the direction of the drain. Mr Makin has not introduced any paperwork in relation to this. River flows in (a patch), the whole land is non-za (ZA Act) land which is claimed to have been bought by Mr Rajeev Jain. No paperwork had been bought by Mr Rajeev Jain on the website and a concrete bridge is being constructed adjoining to the river on the spot for which no letter relating to permission has been submitted by Mr Jain. The development work of the bridge has been stopped by us (the state),” he mentioned.
To this, the CJ mentioned, “These sorts of actions you aren’t stopping… If they’re privately constructing a bridge, demolish it instantly. Ask for a sanction plan. To construct it throughout the drain, what proper have they got?”
