Yaseen v. St at e of Ut t arakhand

: Mr. Birendra Singh Adhikari, learned counsel. Counsel for r espondent nos. 1 t o 3. : Mr. J.S. Bisht , lear ned St anding Counsel and Mr. SMS Meht a, learned Brief Holder Ut t arakhand. t he St at e Counsel for respondent no. 4. : Mr. Ashut osh Thakral, learned counsel. JUD GM EN T : ( p e r Sr i G. N a r e n d a r , C.J.) Pursuant t o t he our earlier order dat ed

19.08.2025, t he Dist rict Magist rat e, Haridwar has passed an order on 21.08.2025, wit h regard t o allot m ent of land for t he purpose of Panchayat Office and t he com posit e police com plex, com prising of Police St at ion, Fire St at ion and Police Quart ers. The said order reads as under : “ Of f i ce o f t h e D i st r i ct M a g i st r a t e , H a r i d w a r . No: 2428/ DLRC/ 2025 Dat e: 21 August , 2025 Or d e r I n cont inuat ion of t he let t er dat ed 19.08.2025 from t he Chief St anding Counsel, Nainit al, Ut t arakhand, and in com pliance wit h t he direct ions issued by t he Hon'ble High Cour t of Ut t arakhand, Nainit al in Writ Pet it ion No. 153/ 2025 - Yaseen vs. St at e of Ut t arakhand 1 & Ot hers t he Senior t he undersigned along wit h Superint endent of Police, Haridwar, concerned revenue officials, EO, Nagar Panchayat and Police officials conduct ed a sit e inspect ion on 20.08.2025 of t he land sit uat ed at Nagar Panchayat Piran Kalyar. Addit ionally, a st at us report regarding bot h land parcels was obt ained from t he Joint Magist rat e, Roorkee. According t o t he report provided by t he Joint Magist rat e, Rookee and SP, Rural t he sit uat ion is as follows— The land proposed for Nagar Panchayat Piran Kaliyar is in land plot s num bered 183, 184, 185, and 186 t ot al area 0.5420 hect ares which is in t he cent re of ent ire panchayat ar ea and is w it hin 100 m et ers from t he Dargah Piran Kaliyar. This land is m ost suit able for t he Nagar Panchayat for t he following reasons: t he above land com es t he m arket

1. The land plot s num bered 183, 184, 185, and 186 t ot al area 0.5420 hect ares, fall under t he com m ercial area. Around t hese plot s, t here are a num ber of hot els and shops. The governm ent circle rat e is Rs. 10,000 per square m et er. Thus, t he t o Rs. t ot al value of 5,42,00,000. Whereas, approxim at ely Rs. 1.5 crore per bigha Kham . t he police st at ion Whereas proposed ( 478k, 483kh, 484, 485g, 486, const ruct ion 487kh, 488, 489k, 490kh, 497kh, t ot al area 0.7640 hect ares) , t he governm ent rat e is sam e ( Rs. 10,000 per square m et er) and t he m arket rat e is around Rs. 80 lakh per bigha Kham . Hence, land is m ore proposed com m ercially v iable t han t he land proposed for police st at ion. ( At t ach - Phot ograph No. 02) for Nagar Panchayat rat e

2. Wit h high com m ercial viabilit y, land usage for t he const ruct ion of Nagar Panchayat will help im prove t hereby it s own revenue sources and increase t he Board fund of Panchayat . I m proved financial st at us will furt her result in bet t er qualit y of urban services.

3. Land proposed for Nagar Panchayat being in t he cent re of panchayat area, it is m ore accessible t o cit izens who seek various urban services from Panchayat .

4. During field inspect ion, even t he Panchayat officials have shown a clear consent for proceeding furt her in t he said land. The land proposed t he police st at ion 2 const ruct ion ( 478k, 483kh, 484, 485g, 486, 487kh, 488, 489k, 490kh, 497kh, t ot al area 0.7640 hect ares) , is suit able for t he sam e purpose due t o following reasons:

1. I t is also t o be not ed t hat Govt . order No. 320896/ XX- 6/ 2025- 52566 dat ed 07/ 08/ 2025 has already been issued in which const ruct ion of Police St at ion has been sanct ioned and Rs. 1.91 crores have been released t o t he working agency. Above sanct ion has been done based on sit e select ion com m it t ee report which was prepared for already allot t ed sit e. I f now t he sit e is changed, whole process of sit e select ion & sanct ion w ill have t o be done causing delay & loss of funds.

2. The concerned land is governm ent land on which t he pet it ioner has inst alled a t in shed and is running a sweet shop, t hereby encroaching on governm ent land ( Phot o No. 04) . This land has already been approved by t he governm ent for t he const ruct ion of Kaliyar Police St at ion adm inist rat ive building and t he fire st at ion, and current ly, const ruct ion t enders have also been approved. land, Regarding t he ot her piece of

3. locat ed in t he crowded m arket area wit hin t he t own on a link road. The area is a dense m arket and, due t o safet y concerns, as well as being used for fairs, fest ivals, parking, and perm anent shops, it is not suit able for t he const ruct ion of a new police st at ion.

4. The land allot t ed t o t he police depart m ent is m eant for t he const ruct ion of t he police st at ion building along wit h a fire st at ion; t herefore, t he police st at ion building and fire st at ion m ust be const ruct ed on t he allot t ed land it self.

5. During t he Kavad Mela sufficient police force is deployed t o m anage t he crowd, and for t his purpose, having t he police st at ion at t he allot t ed sit e is essent ial as t he sit e lies on Kavad rout e. The locat ion suggest ed by t he pet it ioner for 6. building t he police st at ion is unsuit able because, during t he Annual URS fair, t here is such heavy crowd m ovem ent t hat even pedest rian m ovem ent becom es im possible. Due t o t his, every year a t em porary police st at ion has t o be set up at an alt ernat e place, result ing in a significant addit ional t reasury. expense st at e t he t o

7. At t he locat ion suggest ed by t he pet it ioner, t here is excessive crowding, m aking it im possible for em ergency rescue vehicles or fire t enders t o 3 reach t he sit e in case of any unt oward incident . As suggest ed by Hon'ble Court if we proceed wit h land acquisit ion for road widening, it will require funds for acquisit ion of exist ing buildings & lands and process. m ay const ruct ion t he Therefore, it appears necessary and appropriat e t hat t he adm inist rat ive building of Kaliyar Police St at ion be const ruct ed on t he land already allot ed t o t he police depart m ent . The land allocat ion was done keeping in m ind t he basic requirem ent s of bot h t he m unicipal council and t he police st at ion depart m ent s. The land proposed for t he police st at ion is adj acent t o t he m ain road, m aking it suit able for police use, while t he land proposed for t he m unicipal council, being in t he m iddle of t he t own, w ill provide convenience t heir service/ work. I t was found t hat t he land given for t he const ruct ion of t he Nagar Panchayat Office and t he Police st at ion is in line w it h t he requirem ent s of t he concerned depart m ent s. resident s t o " We reserve t he discret ion wit h Hence in light of above fact s and as per direct ions of Hon'ble High Court order dat ed 19.08.2025 in which it is direct ed, t he Adm inist rat ion wit h regard t o t he suit abilit y of t he lands for t he purposes st at ed in t he pet it ion" , we t ake decision t o cont inue wit h t he const ruct ion process of police st at ions on already allot ed land ( 478k, 483kh, 484, 485g, 486, 487kh, 488, 489k, 490kh, 497 kh, t ot al area 0.7640 hect ares) and t o allot ot her land ( plot num bers 183, 184, 185, and 186 t ot al area 0.5420 hect ares) t o Nagar Panchayat Piran Kaliyar. Enclosure- Phot ographs of t he sit e I nspect ion have been at t ached. ( Mayur Dixit ) Dist rict Magist rat e Haridwar”

2. The order, being a speaking order, and adequat e reasons having been assigned by t he Dist rict Magist rat e for exercising discret ion regarding t he allot m ent of lands, ot herwise t hen as suggest ed by t he pet it ioner, we do not 4 see any furt her requirem ent t o hold t he Pet it ion on board. The report of t he Dist rict Magist rat e, Haridwar is accept ed.

3. The Dist rict Magist rat e shall ensure t hat appropriat e orders of t he Governm ent follow, as expedit iously as possible, m ore pert inent ly t he Dist rict Magist rat e shall have t he Governm ent Order No. 1887/ XVI I I ( I I ) / 2015- 18( 169) / 2015 dat ed

30.07.2015 clarified and exem pt ion obt ained t o facilit at e t he st art of const ruct ion at t he place.

4. The Writ Pet it ion st ands disposed of. There shall be no order as t o cost s. As a sequel t heret o, t he m iscellaneous pet it ions, if any pending, shall st and closed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ G. N A REN DA R, C.J. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ SUBH A SH UPA D H YA Y, J. Dt : 25 t h August , 2025 Rahul RAHUL PRAJAPA TI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=aa4fa3bee6691397758b14516e d3e66e61bf4c848741983ed8c39e4145cf 1dab, postalCode=263001, st=UTTARAKHAND, serialNumber=303B55CC3063D34AC45B F8A192FCAD15C390A1AAD7B39857D25 40AE4C28A4898, cn=RAHUL PRAJAPATI 5