IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (PIL) No. 1128 of 2005 Manohar Kant Dhyani ……… Petitioner. Versus State of Uttarakhand and others .………. Respondents. Mr. Shailendra Nauriyal, Advocate for the petitioner. Mr. H.M. Raturi, Advocate for the respondents. Date of Judgment: 23-04-2010 JUDGMENT Coram: Hon’ble J.S. Khehar, C.J. Hon’ble Sudhanshu Dhulia, J. J.S. KHEHAR, C. J. (Oral) Through the instant writ petition, the petitioner had sought a writ in the nature of mandamus, so as to command the respondents to implement the master plan 1979-89 of Sri Badrinathji. It was also one of the prayers of the petitioner, that encroachments on the land earmarked for the construction of a bus stand be removed. As of now, the petitioner has pressed only the aforesaid two submissions in response to the prayers made in the writ petition. It is the submission of the learned counsel for the respondents, that the master plan 1979-89 of Sri Badrinathji is being implemented, and also is being given effect to. Accordingly, it is submitted, that the first prayer made by the learned counsel for the petitioner stands already redressed. 2. In so far as the second prayer is concerned, it is submitted, that demolition proceedings under section 10 of the Uttar Pradesh (Regulation of Building Operations) Act, 1958 have already been initiated against those who have made encroachments and/or unauthorized constructions over the land earmarked for the bus stand, and that, in respect of the second prayer also the instant writ petition has been rendered infructuous. 3. In view of the above submissions advanced by the learned counsel for the rival parties, we are satisfied, that the prayers pressed at the hands of learned counsel for the petitioner, have either been given effect to or 2 are being given effect to. In so far as the second prayer is concerned, in view of the above statement made by the learned counsel for the respondents, we direct the competent authority to conclude the proceedings initiated against unauthorized occupants, as also against those who have effected unauthorized constructions, if not already concluded, within three months from the date of receipt of a certified copy of this order. 4. The instant writ petition stands disposed of in the aforesaid terms. (Sudhanshu Dhulia, J.) (J.S. Khehar, C. J.) 23.04.2010 23.04.2010 Amit