INDIAN PEOPLE WELFARE SOCIETY Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-6-88
HIGH COURT OF UTTARAKHAND
Decided on June 19,2012

Indian People Welfare Society Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

BARIN GHOSH, J. - (1.) REJOINDER affidavit filed by the petitioner is accepted on record and the Application (CLMA No. 5709 of 2012), made therefor, is disposed of.
(2.) THE subject matter of challenge in the present writ petition is the order of the Chief Secretary dated 30th August, 2011, whereby and under, he has permitted conversion of 2.0486 hectares of land situate on Khasra Nos. 1551 and 1552 from agricultural to commercial. This has been done because in the master plan, it has been shown that this area would be developed for industrial purpose. Before this order was passed, a report was obtained, where it has been stated that this land is not being used for agricultural purpose and, accordingly, may be converted for industrial purpose. The fact remains, as nothing contrary has come in the counter affidavit filed on behalf of the State, that this land does not belong to the State. If the land belongs to private citizens, then, without their request, user of the land even if permissible cannot be converted.
(3.) IN those circumstances, the writ petition is allowed and the order dated 30th August 2011 of the Chief Secretary is quashed. This order will not prevent the owners of the land referred to above or part thereof to apply for conversion of their land from agriculture to industrial or commercial as is permissible under the master plan. This order will also not prevent the State Government to acquire the said land and, thereupon, to use the same for a public purpose.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.