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CDJ 2026 Utt HC 031
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| Court : High Court of Uttarakhand |
| Case No : WPPIL No.55 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE MANOJ KUMAR TIWARI & THE HONOURABLE MR. JUSTICE PANKAJ PUROHIT |
| Parties : Mahendra Singh Batola Versus State of Uttarakhand & Others |
| Appearing Advocates : For the Petitioner: -------. For the Respondents: ------ |
| Date of Judgment : 17-04-2026 |
| Head Note :- |
Subject
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| Summary :- |
Statutes / Acts / Rules / Orders / Regulations Mentioned:
*None*
Catch Words:
encroachment, water body, mandamus, ecological restoration, desilting, biodiversity, District Magistrate, high‑level committee, Court Commissioner
Summary:
The petitioner filed a public‑interest writ petition seeking restoration of a water body (talab) at Village Miyanwala, Dehradun, alleging illegal encroachments. Reliefs prayed include issuance of a mandamus directing authorities to demarcate and restore the land, constitution of a high‑level committee or appointment of a Court Commissioner for inspection, and measures for ecological restoration. The State counsel submitted that the petitioner had already approached the District Magistrate, and the matter could be resolved by that authority. The Court accordingly disposed of the petition, directing the District Magistrate to consider the representation, hear all interested parties, and pass appropriate orders within three months.
Conclusion:
Petition Dismissed |
| Judgment :- |
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1. Mr. Rakshit Joshi, learned counsel for the petitioner.
2. Mr. M.S. Bisht, learned B.H. for the State.
3. Mr. Brij Mohan, learned counsel holding brief of Mr. Rahul Consul, learned counsel for the respondents.
4. In this writ petition, allegedly, filed in public interest, petitioner has raised the issue of encroachment over water body.
5. Relief sought in the writ petition are as follows:-
"i. Issue an appropriate writ, order, or direction in the nature of mandamus or any other suitable writ directing the respondent authorities to forthwith identify, demarcate, and restore the Gram Samaj land comprising talab/jal-magna bhumi situated at Village Miyanwala, adjoining the Gram Panchayat Bhawan, Haridwar Road, Dehradun, falling under Khasra Nos. 407क, 413ख, 414, 535घ , and 536ग , to its original condition as a natural water body, by removing all encroachments, illegal constructions, and unauthorized alterations carried out thereon.
ii. It is further prayed that this Hon'ble Court may be pleased to direct the constitution of a high-level committee or appoint a Court Commissioner under the supervision of this Hon'ble Court to conduct a comprehensive inspection of the land in question, ascertain the extent of encroachment and environmental damage, and submit a detailed report along with recommendations for restoration and preservation of the talab.
iii. It is further prayed that this Hon'ble Court may be pleased to direct the respondent authorities to undertake necessary measures for ecological restoration of the talab, including desilting, removal of debris, re-establishment of natural water flow, and preservation of biodiversity, so as to revive the natural character of the water body."
6. Learned counsel for the State submits that the petitioner has approached the District Magistrate, Dehradun, by making a representation which is on record as annexure no.4 to the writ petition, therefore the writ petition can be disposed of by directing District Magistrate, to look into the issue raised by the petitioner.
7. Accordingly writ petition stands disposed of by directing the District Magistrate, Dehradun, to look into the issue raised by the petitioner in his representation and pass appropriate order, as per law, within three months from the date of receipt of certified copy of this order. It goes without saying that all interested persons, who may be affected by the decision to be taken, shall also be heard by the District Magistrate, Dehradun.
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