Writ Petition (PIL) No. 178 of 2013. Case: Ravi Shankar Joshi Vs State of Uttarakhand and Ors.. Uttarakhand High Court
| Case Number | Writ Petition (PIL) No. 178 of 2013 |
| Counsel | For Respondents: V.B.S. Negi, Advocate General and Paresh Tripathi, C.S.C. |
| Judges | Rajiv Sharma and Alok Singh, JJ. |
| Issue | Constitution of India - Article 215 |
| Judgement Date | January 10, 2017 |
| Court | Uttarakhand High Court |
Judgment:
Delay Condn. Appln. (CLMA 154/17)
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In view of the grounds taken in the affidavit and in the interest of justice, delay of 9 days in filing the review application is condoned. Delay condonation application stands allowed.
Review Application (MCC 16/2017)
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The State Government has filed the present review application seeking review of the order dated 9.11.2016 passed by this Court. According to the averments made in the application, no demarcation of the property of railways has been undertaken. Thus, removal of the encroachers could not be undertaken. The land on which the houses have been constructed is the Abadi land. There is a reference to few sale deeds in the application.
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It is evident from the contents of this affidavit that the State Government has tried to espouse the cause of the persons who are occupying the railway land un-authorisedly. The land belongs to the railways and it is the bounden duty of the railway authorities to evict the encroachers from the government land.
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Learned Advocate General for the State Government has argued that the period for eviction of encroachers may be enlarged due to ensuing Board examinations. According to him, there are three examination centres in the locality. He vehemently argued that six weeks' time may be granted to evict the encroachers from the property of the railways.
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The review application, filed on behalf of the State Government, is wholly misconceived. There is no error apparent on the face of the order dated 9.11.2016 passed by this Court. The State Government, instead of filing this application, ought to have provided necessary assistance to the railways to evict the encroachers from the railway land. The State Government should support the honest persons and not the dishonest persons who encroach on the government land.
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Accordingly, there is no merit in the review application filed by the State Government and the same is hereby dismissed.
Misc. Application (CLMA 243/2017)
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A startling revelation has been made in the contents of this application moved on behalf of the Railways whereby the State machinery has repeatedly failed to provide necessary police force to the railways to undertake the demarcation and evict the encroachers from the government land.
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It is stated in the application that the first meeting was convened on 09.11.2016 at Haldwani. This meeting was attended by the Senior Superintendent of Police. He was requested to provide necessary police...
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