High Court · 2025

WPMS No. 2866 of 2024 Wit h WPMS No. 3193 of 2024 H o n ’ b l e M a n o j K u m a r Ti w a r i , J 1. Mr. D.S. Meht a, learned counsel for t he pet it ioners. 2. Mr. Narayan Dut t , learned St anding Counsel for t he St at e of Ut t arakhand. 3. Mr. B.S. Bisht , learned counsel for t he respondent – Nagar Palika Parishad Nainit al. 4. Mr. Pankaj Chat urvedi, counsel for t he respondent . learned involved

5. Since com m on quest ions of fact and law are t hese pet it ions, t herefore, bot h t he pet it ions are clubbed t oget her and decided by t his com m on j udgm ent . However, t he sake of brevit y and convenience, fact s of WPMS No. 2866 of 2024 alone are being considered.

6. According t o pet it ioners, t hey are residing over t he houses st anding over land belonging t o St at e Governm ent for t he last four decades and som e of t hem are also having valid allot m ent orders in t heir favour, however, Execut ive Officer, Nagar Palika Parishad has issued not ice on 30.09.2024, asking t hem t o vacat e t he land in quest ion, wit hin a week. I n t he t hat im pugned not ice, pet it ioners 7. provided rehabilit at ed for a period of t hree m ont hs at som e alt ernat e sit e at Durgapur, wit h Nainit al Tehsil.

8. Learned counsel for t he pet it ioners t o st ay and due subm it s t hat pet it ioners belongs t o poor st rat a of societ y and t hey have no ot her possession, t hey have acquired a right t o enj oy t he propert y and t hey have also perfect ed t he t it le, evict ion not ice is illegal. t herefore, t heir t heir t o

9. Per cont ra, Mr. B.S. Bisht , learned respondent- Nagar Palika counsel Parishad subm it s t hat pet it ioners are unaut horised occupant s, wit hout any t he Com pet ent order of allot m ent by Aut horit y and t he land in quest ion is needed for const ruct ion of m ult i- level parking t o address t he parking problem of Nainit al Town. He furt her subm it s t hat pet it ioners have been provided alt ernat e t hree accom m odat ion, m ont hs, so t hat pet it ioners m ay m ake som e alt ernat e arrangem ent t heir residence in t he m eant im e. init ially t hat

10. Learned counsel for t he pet it ioners t he pet it ioners t hree of subm it s have m oved applicat ion for grant of freehold t he Com pet ent Aut horit y, which is pending. t o t hat applicat ion

11. Learned counsel t he Nagar subm it s Palika freehold, filed by one of t he pet it ioners, was rej ect ed by Nagar Palika Parishad t wo and applicat ions m ade by ot her pet it ioners are under process. He furt her subm it s t hat as per policy, freehold right s can be given only in respect of such land for any public purpose. He furt her subm it s t hat since pet it ioners are t respassers over Governm ent Land and in view of t he pressing need of t he land for m ult ilevel parking, t he Aut horit ies are j ust ified in t he asking is not needed t he pet it ioners t o vacat e Governm ent land. furt her subm it s t he Nagar 12. Learned counsel t hat Palika Parishad Coordinat e Bench vide order dat ed 02.12.2024 passed in WPMS No. 3193 of 2024 had given t im e t o pet it ioners for t he dat e by filing affidavit , indicat ing t he t hey will vacat e t o alt ernat e sit e quest ion and shift offered t o t hem , however, no affidavit has been filed by t he pet it ioners so far. Thus, he subm it s t hat pet it ioners are no m ore int erest ed in filing such affidavit as t heir t heir unaut horised occupat ion over quest ion forever. t o cont inue int ent ion

13. Adm it t edly, pet it ioners do not have any docum ent t o subst ant iat e t heir claim regarding t it le over t he land in quest ion. The plea of adverse possession cannot be decided in a writ pet it ion, as it is a quest ion of fact .

14. Aft er hearing learned counsel for t he part ies, t his Court is not inclined t o int erfere in t he m at t er. A person, who is unaut horisedly occupying Governm ent land, cannot be perm it t ed t o cont inue his unaut horised occupat ion, especially when t he Governm ent land is urgent ly needed for a public purpose.

15. The writ pet it ions are, however, disposed of by perm it t ing t he pet it ioners t o approach t he Com pet ent Aut horit y by m aking t heir rehabilit at ion. applicat ion ( M a n o j K u m a r Ti w a r i , J)

03.09.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa 85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D 26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL