DEVKI NANDAN PANDEY Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-6-102
HIGH COURT OF UTTARAKHAND
Decided on June 10,2013

DEVKI NANDAN PANDEY Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

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 Department.;


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