MADHWA MUNI Vs. STATE OF UTTARAKHAND & OTHERS
HIGH COURT OF UTTARAKHAND
State of Uttarakhand and others
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(1.) Heard Mr. Arvind Vashistha, Advocate, for the applicant, Mr. Raman Kumar Sah, AGA, for the State and Mr. Deepak Sharma, Advocate, for the private respondent. Also perused the papers on record.
(2.) Controversy herein is regarding a Government land owned by the irrigation department. The said land is situated at the bank of Ganges in Haridwar. This land was entrusted to Rustagi Charitable Society (Registered), Rustagi Dham, Haridwar for constructing a bathing platform to be used by the public at large. At some point of time, the applicant occupied a portion of the said land in some corner and gradually erected a Shiv Temple besides three small cottages thereupon.
(3.) Version of the applicant is that these cottages were erected between 1965-72 by his predecessor Sri Ramanand and he is only his successor, and by no way these cottages or temple is obstructing the access of general public in taking the holly dip in the river Ganges.;
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