DEVKI NANDAN PANDEY Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
DEVKI NANDAN PANDEY
STATE OF UTTARAKHAND
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V.K.BIST, J. -
(1.) PRESENT writ petition has been filed by the petitioners for the following reliefs: -
"(a) Issue a writ, order or direction in the nature of certiorari quashing the orders dated 17.11.1998, 11.10.2000 and 04.11.2009 passed by the respondents (annexure no. 2,3 and 4). (b) Issue a writ, order or direction in the nature of mandamus directing the respondents not to give effect to the orders dated 17.11.1998, 11.10.2000 and 04.09.2009 passed by the respondents (annexure no. 2, 3 and 4) and permit to sell and purchase the land. (c) Issue a writ, order or direction in the nature of mandamus directing the respondents not to acquire the land of the petitioners for any construction of Govt. Department. (d) Issue any other order or direction which this Honble High Court may deem fit and proper in the facts and circumstances of the case. (e) Award cost of the petition to the petitioner."
(2.) HEARD Mr. M.S. Pal, Senior Advocate with Mr. Amir Mallick, Advocate for the petitioners and Mr. R.C. Arya, Standing Counsel for the
State/respondents and perused the record.
(3.) AS far as prayer number (c) is concerned, no directions can be issued to the Government for not acquiring the land of the petitioners
for the construction of government building. The land of an individual
can be acquired by the State Government in accordance with law. The State
Government can also take the land of any individual by purchasing the
same from its owner. Therefore, relief (c) is rejected.
In the present case, on 17.11.1998, the District Magistrate, Champawat passed an order by which he modified the earlier order dated
17.10.1997 by which restrictions were imposed for sale and purchase of land within 8 k.m. periphery of Champawat market. Such restriction
imposed on sale and purchase of land was lifted but with the exception of
500 metres peripheral land at Srikhand Chaur, Dungra Sethi for construction of District Offices, 500 metres peripheral land at Fular
Gaon for construction of Degree College, 500 metres peripheral land
around the 10 km. land owned by State Govt. at Khark Kaki and 500 metre
peripheral land from Chattarput to Gauri for construction of Jail and
Police Line. Restriction imposed on other land was removed vide order
dated 11.10.2000 and same was modified and peripheral area was reduced
from 500 metres to 250 metres. Again on 4th September, 2009, the District
Magistrate, 3 Champawat passed another order by which the restrictions imposed
on sale and purchase of land was removed with immediate effect except in
respect of Field Nos. 1316, 1319, 1320 of Khata No. 9 with a total area
of 6 Nali 14 Muthi, situated at Village Punethi for construction of
residential complex for district level officers and offices of the
Revenue Department and 2 metres land on either side of the road
constructed between Districts Offices at Srikhand Chaur Village Dungra
Sethi to Chattarpul and the road linking Chattarpul to Residential
Complex of the District level Officers and Officers of the Revenue
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