RAJENDRA SINGH Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2013-12-136
HIGH COURT OF UTTARAKHAND
Decided on December 27,2013

RAJENDRA SINGH Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) In the public interest litigation filed on 27th September, 2012, it was brought to the notice of the Court that while widening the road, known as Chakrata road situate at Dehradun, from Clock Tower to Prabhat Cinema, existing buildings were sliced, whereupon no steps have been taken for reconstruction of those sliced buildings and, at the same time, the area of the road, included thereby, is being used by wrongful parking of vehicles. The writ petition, therefore, sought adequate parking facility and pathway in and around the vicinity of demolished area in order to obtain true benefit of the widening up of the road and to ensure reconstruction of the demolished building, after taking into consideration the technical expertise so as to ward off the threat of the part of the demolished buildings still standing on the passers-by. It was brought to the notice of the Court that slicing up of the buildings was done pursuant to a policy, which was communicated by a letter dated 2nd December, 2011, English translation whereof, as submitted by the interveners, is as follows: "No.2123/V-2011-01(H)/2011 From, P.C. Sharma Principal Secretary Uttarakhand Government, To, The Vice-Chairman Mussoorie -Dehradun Development Authority, Dehradun Housing Section-2, Dehradun Dated: 02 December, 2011 Sub: Regarding Rehabilitation of the Affected Traders and Residents due to widening of Chakrata Road. Sir, With reference to above cited subject, it is informed that for smooth movement of traffic in Dehradun being the temporary capital of Uttarakhand State, it has been decided to construct a 24 mtr. Wide 4 lane road from Statute of Ambedkar Ji located at Ghantaghar and upto Prabhat Cinema and from Digvijaya Cinema to Krishna Cinema. 2. For the purpose of rehabilitation of people affected by the aforesaid construction, a commercial building/complex in the Public Works Inspection House Premises and R.F.C. Godown Premises in Ghantaghar, Dehradun and residential houses on the land belonging to the Authority situated in I.S.B.T. premises are being constructed by the State Government. 3. In pursuance of the decision taken after due consideration with regard to rehabilitation of the displaced as a consequence of widening of Chakrata Road, I am directed to say that the following action be ensured to be taken for rehabilitation of the displaced as a result of widening of Chakrata Road. (1) An area equivalent to affected area be allotted to the displaced affected by the widening of Chakrata Road. (2) Landlord or tenant be rehabilitated in the same position at newly built place as in the property which is presently in occupation of landlord or tenant. (3) The difference of price of properties being demolished and properties to be given in lieu thereof shall not be charged from displaced. (4) House/shop be allotted to Building owners at new place, whereas Shop/house be allotted on Cost of Construction i.e. no profit no loss basis to the tenants. (5) Instead of Allotment through lottery, Allotment be made in serial order from Ghantaghar in the new premises from Entry Gate facing Rajpur Road side. (6) Allottees be granted exemption from Expenses on Registration, Stamp Purchase Cost and othrer miscellaneous expenses. (7) In case of Nazul holders who have deposited 25% amount on self-evaluation basis for conversion of their Nazul Leased land into free-hold. Allotment of shop/house to them at the new place be made after getting the balance amount deposited from them on the basis of previous circle rate or the circle rate prevalent in the year 2000 and after conversion into-free-hold. (8) For rehabilitation of the displaced residents, built up house of 44 sq. mtr. Be allotted to displaced. (9) IN case of Nazul Lease Holders whose term has expired, facislity of Freehold conversion be provided as per the provisions contained in Government Order No.761/V/H-2011-01 (N.L.)/2008-T.C., dated 29th November, 2011. (10) Parking located at the Ground, First Floor and Second Floor and the remaining assets be run and controlled by the authority on P.P.P. Mode basis and the houses remaining after rehabilitation be allotted by the authority as per House Allotment Policy. (11) Following Exemptions in the Building Construction Bye Laws be granted by the Authority to the Property Owners, whose properties are to be demolished consequent to Road Widening, for sanction of map for construction on their remaining building/land as under:- (i) minimum size of commercial plot of 15.00 sq. mt. as against 125.00 sq. mt. and the minimum size of residential plot of 40 sq. mt. as against 60 sq. mt. be permitted. (ii) F.A.R. of 2.00 as against 1.40 be permitted. (iii) The height of building/house upto 12 mtr. As against 9.00 mtr. And maximum three storey be permitted. (iv) Ground Coverage of 85% as against 65% be permitted. (v) Full exemption be permitted from providing parking spaces. (vi) Front set Back of 2.00 mtr as against 4.50 mtr be allowed. Side and Rear Set Back will not be required to be maintained. (12) Legal action be taken for acquisition as may be required for widening of Chakrata Road. Yours faithfully, (P.C. Sharma) Principal Secretary No.2123 (1)/V-2011-01 (H)/2011-dated as above. Copy for information and necessary action to:- (1) Secretary Incharge, Confidential (Cabinet Secretariat) Section-with reference to his letter dated 22.11.2011 and letter dated 30.11.2011. (2) Distt. Magistrate, Dehradun. (3) Private Secretary to Chief Secretary, Uttarakhand Government - for bringing to the notice of Chief Secretary. (4) Private Secretary to Principal Secretary, Finance Department/Justice Department, Uttarakhand Government - for bringing to the notice of Principal Secretary. (5) Director, N.I.C., Sachivalaya Parisar, Dehradun. (6) Information Department, Uttarakhand Government. (7) Guard File. Sd/- Illeg. 2/12 (P.C. Sharma) Principal Secretary"
(2.) It was contended that, pursuant to the said policy, a commercial building / complex has been constructed, where shopkeepers have been allocated and, in lieu thereof, the buildings have been sliced, but no step, pursuant to the said policy, has been taken to reconstruct the part of the buildings standing after their slicing and the same has caused nuisance to the people of the locality. It has been stated that, despite the policy contemplated acquisition of land for widening of Chakrata road, but nothing has been done.
(3.) On the writ petition, several orders were passed. Gist of them are as follows: "5th October, 2012 Notice to respondent no. 3. Requisites therefor be filed within seven days from today. Respondent no. 2 is directed to file an affidavit indicating, whether it has permitted any building owner to secure the buildings as they stand after a part thereof have been demolished and, if so, whether any technical know how pertaining thereto has been provided in order to ensure that the buildings are not secured in such fashion that they once again encroach that part of those buildings, which have been demolished and the secured building is such that the same will not cause any hazard to the people visiting the locality. Let such affidavit be filed within three weeks. List three weeks hence. 13th May, 2013- List on 17th May, 2013. The State Government will file an affidavit stating, how without acquisition of the land, private properties could be directed to be demolished by the State Government. 27th May, 2013- It appears that, from every quarter, it was reported that Chakrautra road requires widening. It also appears from the report of the District Magistrate as well as MDDA that, in order to widen the said road, there was no space available, which belonged to the public. Accordingly, it was a requirement to acquire the land adjacent to the road to enable the structures standing thereon to be removed. The District Magistrate made a recommendation for acquisition of the land for the purpose of removing the structures standing by the side of the road in order to widen the same. It appears that the Cabinet took a decision to widen the road and, for that matter, to slice up a part of the structures standing by the side of the road without deciding to acquire the properties beneath the sliced properties. Today, as is depicted from the photographs annexed, the sliced properties, as they stand, have become a nightmare and have exposed every person travelling on the road to imminent danger. 2. MDDA has prepared a redevelopment plan. Let that redevelopment plan be handed over to the Government within 10 days from today. Let the same be considered by the Government and report back to this Court on 9th July, 2013. 3. List on 9th July, 2013. 4. Counter affidavit filed by the State is accepted on record. 15th July, 2013- The Impleadment application and the intervention applications are allowed. The newly impleaded parties and the interveners are permitted three weeks' time to file their counter affidavit, if any, to the writ petition. Rejoinder affidavit thereto may be filed within two weeks thereafter. Learned Standing Counsel has submitted that a formal approval to the plan, submitted by the MDDA, has been granted by the State Government and some time is required for the State Government to take further action thereon. In order to enable the State Government to do the needful, we adjourn this matter for six weeks. Supplementary affidavits and the rejoinder affidavit filed are accepted on record and applications made therefor are disposed of. List six weeks hence. 22nd August, 2013- The Impleadment Application is allowed. The person, thus impleaded, will represent all of them, who are similarly situated to that of him. We, accordingly, permit notice to be issued under Order 1 Rule 8. 1st October, 2013- Rejoinder affidavit is accepted on record. The Application, made therefor, is disposed of. List this matter for admission on 8th October, 2013. The State Government, as well as the MDDA, shall state on 8th October, 2013, whether the plan prepared by MDDA and approved by the State Government has been implemented and, if not, what is standing in the way. 8th October, 2013- List on 24th October, 2013. On that date, the State Government shall file an affidavit indicating that it has done the following work: "a) (i) Approval of the RFP & DCA submitted by MDDA on 4.10.13 to the State Govt., as per the Uttarakhand Procurement Rules, 2008 & Public Private Partnership Policy, 2012. (ii) State Govt. to issue the formal policy on redevelopment to enable MDDA to implement the project. b) (i) simultaneously, initiation of proceedings for land acquisition under Ss 4, 6 & 17 of the LA Act, the initial amount of 10% towards the acquisition proceedings having already been deposited by MDDA with the SLAO on 3.8.13. (ii) State Govt. to hand over possession of the acquired land and the Nazul land to MDDA." 2. Each of the interveners is directed to file an independent affidavit stating that part of the property belonging to them, which has been sliced, has been dealt with in such a manner that the same is not causing any public hazard. Let such affidavits be filed on 24th October, 2013. 3. List on 24th October, 2013 immediately after fresh cases. 4. Let a copy of this order be handed over to the learned Standing Counsel today itself.";


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