HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition PIL No.1610 of 2006 (M/B) Raman Kumar Phutela. ...Petitioner Versus State of Uttarakhand & three others. ...Respondents Mr. Rakesh Thapliyal, Advocate present for the petitioner, Mr. Vinod Nautiyal, Addl. Advocate General present for the State/ respondent nos. 1 to 4, Mr. Manoj Tewari, Senior Advocate assisted by Mr. Alok Mehra, Advocate, Mr. Sharad Sharma, Senior Advocate assisted by Mr. K.H. Gupta, Advocate, Mr. Parikshit Saini, Advocate are present for the interveners/III Party. Dated September 17, 2009 Coram: Hon’ble Prafulla C. Pant, J. Hon’ble V.K. Bist, J. Prafulla C. Pant, J. (Oral) Heard learned counsel for the parties. 2. By means of this writ petition, which is filed in the form of Public Interest Litigation, following reliefs are sought by the petitioner:- i. Issue a writ, order or direction in the nature of mandamus directing to the respondents to take immediate action for removing all the encroachments made on both sides of Kichha- Rudrapur Road within a specified period preferably within a period of two months and submit the report before this Hon’ble Court, ii. Issue any suitable writ, order or direction which this Hon’ble Court may deem fit and proper on the basis of the facts and circumstances of the case, iii. Award the cost of the petition to the petitioner. 3. This Court, after hearing the parties, passed detailed orders on 09.01.2009 and 02.07.2009. By the order dated 9th January, 2009 this Court directed the District Magistrate, Udham Singh Nagar to examine the aspect as 2 to whether the interveners are the lawful occupants of the land possessed by them. It was further directed that no encroacher shall be allowed to raise any construction on the land occupied by them. Vide order dated 2nd July, 2009 this Court clearly expressed that the encroachers cannot be allowed to continue to occupy the public land. On said date, this Court also directed that the Administration shall take steps for removing encroachments without any political interference. In para-4 of the order dated 2nd July, 2009, the Commissioner, Kumaon Division was assigned responsibility of monitoring the work of removal of encroachment. In the last para of the order of said date, it was directed that affidavit of compliance shall be filed. 4. In pursuance of said order, the Commissioner, Kumaon Division has moved an application seeking further time to comply the order. Meanwhile, this Court vide its order dated 31st August, 2009, on hearing the interveners, who claim to be the lawful occupants of the land possessed by them, allowed to place their claims before the Commissioner, Kumaon Division who may take appropriate decision in the light of the material available as well as situation on the spot. The applications of the interveners also indicate that the Administration have already issued notices to various persons for removing the encroachment. 5. In view of the above directions issued by this Court and steps taken by the respondents, this Court is of the view that no further directions are needed on the part of this Court to be issued in this matter. 3 6. Accordingly, the writ petition filed in the form of Public Interest Litigation is closed and writ petition stands disposed of with the direction that the order dated 02.07.2009 and order dated 31.08.2009 shall be complied with by the authorities concerned without unreasonable delay. 7. All the applications [CLMA No. 15164/06 (Interim Relief Application), CLMA No. 2848/08 (Impleadment Application), CLMA No. 4092/08 (Misc. Application), CLMA No. 7487/08 (Misc. Application), CLMA No. 7581/08 (Intervention Application), CLMA No. 8868/08 (Misc. Application), CLMA No. 2382/09 (Application u/s 340 Cr.P.C.), CLMA No. 3996/09 (Misc. Application), CLMA No. 5371/09 (Misc. Application), CLMA No. 6895/09 (Interim Relief Application), CLMA No. 7396/09 (Intervention Application), CLMA No. 8091/09 (Intervention Application) and CLMA No. 8089/09 (Stay Application)] stand disposed of. (V.K. Bist, J.) (Prafulla C. Pant, J.) 17.09.2009 NCM: