High Court · 2025

1. Mr. A.D. Tripat hi, learned counsel for t he pet it ioner.

2. Mr. Krishan Mohan Joshi, Advocat e holding brief of V.K. Kapruwan, learned St anding Counsel for t he Union of I ndia.

3. Mr. Sanj ay Bhat t , learned counsel for t he respondent- Cant onm ent Board.

4. Mr. Adit ya Singh, learned counsel for t he privat e respondent s. t o

5. According t he pet it ioner, his fat her was grant ed a piece of land on resident ial Cant onm ent Board, Ranikhet . The t erm of t he lease has expired in t he year 2022. purpose The grievance of t he pet it ioner is 6. t hat respondent nos. 4 t o 9 have forcibly ent ered int o t he leased land and have also raised som e st ruct ure. By m eans of t his writ pet it ion, pet it ioner has sought t he following reliefs: - “ ( i) I ssue a writ , order or direct ion in t he nat ure of MANDAMUS Com m anding and Direct ing t he respondent no. 3, t o t ake st rict act ion against t he respondent s 4 t o 9, illegal const ruct ion of and dem olish respondent s 4 t o 9 deploying necessary police force. t he ( ii) I ssue a writ , order or direct ion in t he nat ure of MANDAMUS Com m anding and Direct ing t he respondent no. 3, t o hand over possession of fort hwit h. t o pet it ioner ( iii) I ssue a writ , order or direct ion in t he nat ure of MANDAMUS Com m anding and Direct ing t he respondent no. 3, t o grant perm ission t o renovat e t he building and prem ises of t he lease propert y. of Mandam us ( iv) I ssue a writ , order or direct ion in t he nat ure t he respondent no. 3 t o renew t he lease of t he pet it ioner t he guide in accordance wit h lines/ policy / let t er dat ed 10.3.2017 issued by t he Govt . Of I ndia Minist ry of Defence. Cont ained in ( Annexure No. 17) .” direct ing issued by Chief Execut ive 7. Not ice Officer, Cant onm ent Board t o alleged unaut horised occupant s is on record as Annexure- 11 t o t he writ pet it ion. Perusal of t he said docum ent reveals t hat on 20.09.2019, a not ice was issued t o t he unaut horised occupant s, asking t hem t o rem ove t heir unaut horised const ruct ion, failing which t he sam e shall be forcibly rem oved by t he Cant onm ent Board at t he cost and expense of t he encroachers. t hat Learned counsel for t he pet it ioner 8. subm it s t he Cant onm ent Board have t hereaft er not t aken any act ion pursuant t o t he said not ice and t he unaut horised occupant s are m errily enj oying t he propert y. aut horit ies in quest ion belonging is public The 9. propert y Defence. Unaut horised occupat ion over Governm ent land is a serious issue. t o Minist ry t he Cant onm ent Board

10. Since caret aker of t he propert y belonging t o Minist ry of Defence, t herefore, t he Chief Execut ive incum bent upon Officer t o ensure t hat not a single inch of land belonging t o Minist ry of Defence is encroached by unscrupulous persons. is, t herefore, 11. The writ pet it ion disposed of wit h a direct ion t o t he Chief Execut ive Officer, Cant onm ent Board, Ranikhet t o exam ine whet her t he land in quest ion is encroached/ unaut horisedly occupied by any individual. I f it is found t hat som e person / persons is occupying defence proper aut horizat ion com pet ent t he Chief Execut ive aut horit y, Officer shall t ake necessary st eps for rem oval of such unaut horised occupant s, t o such aft er unaut horised occupant s t o show cause, as t o why t heir unaut horised occupat ion m ay not be rem oved. This ent ire exercise shall be com plet ed wit hin six m ont hs from t he dat e of product ion of cert ified copy of t his order before him . issuing 15 days not ice wit hout t he t hen ( M a n o j K u m a r Ti w a r i , J)

08.08.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea 30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A 58531726FBB0, cn=NITI RAJ SINGH ASWAL