Decided on September 11,2012

Major Govind Punvani (Retd.) Appellant
State of Uttarakhand and others Respondents


- (1.) AN objection has been filed to the report of the special officers. The same is accepted on record. Apart from assertions made therein, there is nothing to suggest that the report submitted by the special officers is not correct. The assertion by the petitioner that encroachments have been made unauthorizedly has been supported by the report submitted by the special officers. Apart from bare denial to the same, there is nothing to show that the assertions, that unauthorized encroachment on public land has been made, is unfounded. With the objection, not one single copy of the sanctioned plan of the constructions has been annexed. Learned counsel, appearing on behalf of the objectors, submitted that his clients have purchased the properties in question after they were constructed and in the condition that they are now. He submitted that his clients do not have the sanctioned plans and, accordingly, his clients have applied for certified copies thereof. It is unbelievable that a person will purchase a constructed property without a sanctioned plan knowing fully well that no property of the nature purchased by the objectors could be constructed without sanction being obtained. Be that as it may, we permit the objectors to submit with the special officers sanctioned plans by 9th October 2012, in respect of the constructions in question. In the event, sanctioned plans are not submitted within time as mentioned above, the special officers shall proceed on the basis that the constructions, impugned in the writ petition, namely, those which have been urged to be unauthorized, are, in fact, unauthorized. In the event, sanctioned plans are submitted, the special officers will ascertain with the assistance of the Engineers in the employ of the Municipal Board the extent of the construction, which is authorized, and proceed to hold that the remaining construction, if any, is unauthorized. This exercise must be done by the special officers by 14th October, 2012. They shall earmark the unauthorized constructions within 14th October 2012, and also, the authorized constructions within 14th October, 2012. The Municipal Board is directed to remove earmarked unauthorized constructions within 15th and 16th October, 2012. In order to carry out the aforementioned directions of the Court, the special officers as well as the Municipal Board shall be assisted by the police department of the State.
(2.) LIST the matter on 17th October 2012. It is made clear that, in the event, any demolition of the authorized construction is effected, the same shall not only be restored by the person responsible therefor, but the Court will also direct payment of appropriate compensation.;

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