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Uttarakhand High Court disposes of PIL against forcible eviction

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The Uttarakhand High Court has recently disposed of a Public Interest Litigation (PIL) alleging that the petitioner has built a house in Metropole Compound in Nainital Town, however, the authorities are trying to evict him from his property by alleging that he is an unauthorised occupant of the said property.

By means of the  petition, the petitioner has sought the following relief:- 
(i) Issue a Writ, Order or Direction in the nature of Mandamus directing the respondents not to do clandestine survey of Metropole are/residential areas and business premises of residents and further not to demolish any such property without adopting due process of law. 
(ii) Issue a Writ, Order or Direction in the nature of Mandamus directing the respondents not to throw out the residents of Metropole area from their houses and business premises without adopting due process of law. 
(iii) Issue a Writ, Order or Direction in the nature of Mandamus directing the respondents to let the residents of Metropole area continue with their residential/business premises unless any removal/demolition proceedings by due process of law are adopted against them.

C.S. Rawat, Chief Standing Counsel for the State, on instructions, submitted that  128 encroachments have been identified in Metropole compound, which is enemy property and steps are being taken to issue notice to all the encroachers for vacating the land.

He further submitted  that these encroachments are on both side of Nainital-Kaladungi Road near Metropole Hotel and these encroachers are throwing litter all around the place, which is polluting the Lake, which is the only source of water supply to Nainital.
Having regard to the statement made by Chief Standing Counsel that steps are being taken to issue notice to all the unauthorised occupants residing in Metropole compound,  counsel for the petitioner submitted that he has no grievance left and this PIL may be closed. 

In such view of the matter, the Division Bench of Justice Manoj Kumar Tiwari and R.C. Khulbe closed the PIL by taking the statement made by the Chief Standing Counsel on record.

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