(Ranjan Gogoi, C.J. and Deepak Gupta and Aniruddha Bose, JJ.)
Pradeep Singh Bisht and Another ___________________ Appellant(s);
v.
State of Uttarakhand Through Chief Secretary and Others ______________________________________________ Respondent(s).
Civil Appeal Nos. 5679-5680/2019 [arising out of SLP(C) Nos. 2685-2686/2015], decided on July 19, 2019
With
Civil Appeal Nos. 5681-5682/2019 [arising out of SLP(C) Nos. 2733-2734/2015] and Civil Appeal Nos. 5683-5684/2019 [arising out of SLP(C) Nos. 2751-2752/2015]
The Order of the court was delivered by
Order
1. Leave granted.
2. We have read and considered the order of the High Court impugned in the present appeals.
3. We have heard learned counsels for the parties.
4. On due consideration, we find that the High Court in coming to the impugned conclusions and in directing for eviction of the appellants/removal of alleged encroachments, had arrived at conclusions not supported by the documents on record. Merely because the report of the Advocate-Commissioners appointed by the Court had indicated that the appellants had raised unauthorised construction, the High Court could not have come to the impugned conclusions and issued directions as stated above. We are equally surprised that the Municipal Corporation, which now support the order of the High Court, did not take any action in the matter and did not exericse its power under the Statutes.
5. In the above circumstances, we allow the appeals set aside the order of the High Court and grant liberty to the Municipal Corporation to proceed in accordance with law, if so advised.
Petition for Special Leave to Appeal (C) Nos. 2685-2686/2015
Pradeep Singh Bisht & Anr _________________________ Petitioner(s)
v.
State of Uttarakhand Through Chief Secretary & Ors ____ Respondent(s)
(IA No. 3/2015 – INTERVENTION APPLICATION)
WITH
SLP(C) Nos. 2733-2734/2015 (X)
SLP(C) Nos. 2751-2752/2015 (X)
(APP FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS ON IA 3/2015)
Date : 19-07-2019 This matter was called on for hearing today.
(Before Ranjan Gogoi, C.J. and Deepak Gupta and Aniruddha Bose, JJ.)
For Petitioner Ms. Ruchira Gupta, Adv.
Ms. Mona Sinha, Adv.
Mr. Shishir Deshpande, AOR
Ms. Shashi Kiran, AOR
Dr. Satish Chandra, Adv.
Mr. Arjun Sain, Adv.
Mr. Manoj Jain, Adv.
Mr. Prabhoo Dayal Tiwari, Adv.
Ms. Surbhi Mehta, AOR
For Respondent Mr. Bahar U. Barqui, Adv.
Mr. Aftab Ali Khan, AOR
Mr. M.Z. Chaudhary, Adv.
Mr. Arvind Kumar Kanva, Adv.
Mr. Syed Mohammed Aatif, Adv.
Mr. Ali Safeer Farooqi, Adv.
Mr. Syed Imtiaz Ali, Adv.
Mr. Gopal Jha, Adv.
Mr. M. Rambabu, Adv.
Mr. Gurmeet Singh Makker, AOR
Mr. Manish Kumar, Adv.
Ms. Divya Roy, AOR
Mr. Abhishek Atrey, AOR
Mr. Jatinder Kumar Bhatia, AOR
Mr. Tanmaya Agarwal, Adv.
Mr. Rahul Kaushik, AOR
UPON hearing the counsel the Court made the following
ORDER
6. Leave granted.
7. The appeals are allowed in terms of the signed order.
8. Pending interlocutory applications, if any, shall stand disposed of.
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