Clear Doon roads of encroachments: HC

  • | Wednesday | 20th June, 2018

The HC directed the respondents, including the state government to submit compliance report before the registrar general.The HC ordered state functionaries such MDDA and the civic body to seal all residential premises that are being misused as commercial purposes within three weeks. It is made clear that no officer, be it of any rank, shall be spared. We authorize the chief secretary of Uttarakhand to constitute the nodal agency to supervise the disciplinary proceedings to be initiated against the officers/officials who were found remiss in discharge of their statutory duties. It is made clear by way of abundant precaution that if the basement areas, which are meant for parking vehicles, are not used for parking purposes, the entire commercial building be sealed, to carry out necessary amendments in the building byelaws of the nigam and MDDA that no unauthorized construction is compounded to arrest the tendency of the people to raise unauthorized construction by paying meager compounding fee. The compounding of entire unauthorized construction is against rule of law,The bench further added that the persons who have taken advantage of rehabilitation policies, but have not surrendered their shops at the old places, their new leases shall be cancelled and the municipal/state functionaries shall take over the shops and “the same shall be auctioned again in accordance with law to maintain rule of law”.

Nainital: Uttarkhand high court while hearing a public interest litigation (PIL) related to encroachment in Dehradun directed the state government to remove all unauthorized encroachments on public footpaths/streets/roads/pavements, including unauthorized constructions made over them within a period of four weeks from today by “using its might”.The court also directed the chief secretary of Uttarakhand to initiate disciplinary proceedings against the officers/officials, during whose tenure, government land/municipal land/forest land have been encroached, with impunity, by the unscrupulous people.The HC treated a letter sent by one Manmohan Lakhera highlighting encroachments made on the public path in Dehradun as a PIL in 2013.The division bench of justices Rajiv Sharma and Lok Pal Singh in the order dated June 18, 2018 stated, “The disciplinary proceedings shall be commenced for imposition of major penalty. We authorize the chief secretary of Uttarakhand to constitute the nodal agency to supervise the disciplinary proceedings to be initiated against the officers/officials who were found remiss in discharge of their statutory duties. It is made clear that no officer, be it of any rank, shall be spared. The axe should not fall on lower class employees alone.”Taking note of traffic woes of the capital, the HC directed Uttarakhand DGP to ensure that there are no traffic jams in Dehradun.Issuing a warning to the state government making it clear that in the “eventuality of the directions not being implemented in the time frame, given herein above, the court may recommend supersession of the nagar nigam by the state government”.“It is made clear that after the removal of the encroachment, demolition and unauthorized constructions, it shall be the responsibility of the state officers/officials and MDDA to maintain constant vigil that the land is not reoccupied,” stated the order.The court added that unscrupulous people have been permitted by the state functionaries to raise unauthorized construction in the river bed as well as on the banks of river Rispana and directed the state government to restore the “Rispana River” which is an important tributary of Ganges, within a period of three months from today. The encroachment on both banks shall be removed within three months from today.Observing that the entire state is in Zone 4-5 seismic activity, the HC directed that the new buildings can be permitted to be constructed after receiving the report from the structural engineer.The HC further in series of directions added that the director of health services to the state/CMO/health officer of civic body shall submit day-to-day report to the registrar general of HC about the cleanliness in Dehradun after visiting the spot every 24 hours. The HC directed the respondents, including the state government to submit compliance report before the registrar general.The HC ordered state functionaries such MDDA and the civic body to seal all residential premises that are being misused as commercial purposes within three weeks. It is made clear by way of abundant precaution that if the basement areas, which are meant for parking vehicles, are not used for parking purposes, the entire commercial building be sealed, to carry out necessary amendments in the building byelaws of the nigam and MDDA that no unauthorized construction is compounded to arrest the tendency of the people to raise unauthorized construction by paying meager compounding fee. The compounding of entire unauthorized construction is against rule of law,The bench further added that the persons who have taken advantage of rehabilitation policies, but have not surrendered their shops at the old places, their new leases shall be cancelled and the municipal/state functionaries shall take over the shops and “the same shall be auctioned again in accordance with law to maintain rule of law”.

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