Leave granted.
We have read and considered the order of the High
Court impugned in the present appeals.
We have heard learned counsels for the parties.
On due consideration, we find that the High Court in
coming to the impugned conclusions and in directing for
eviction of the appellants/removal of alleged
encroachments, had arrived at conclusions not supported by
the documents on record. Merely because the report of the
Advocate-Commissioners appointed by the Court had
indicated that the appellants had raised unauthorised
construction, the High Court could not have come to the
above. We are equally surprised that the Municipal Corporation, which now support the order of the High
Court, did not take any action in the matter and did not
exericse its power under the Statutes.
In the above circumstances, we allow the appeals set
aside the order of the High Court and grant liberty to the
Municipal Corporation to proceed in accordance with law,
if so advised.
[Ranjan Gogoi]
[Deepak Gupta]
[Aniruddha Bose]
New Delhi; July 19, 2019.
Petition for Special Leave to Appeal (C) Nos. 2685-2686/2015
(Arising out of impugned final judgment and order dated 15-01-2015 in CLMA Nos. 11205/2014 and 11206/2014 and CWP No. 31/2012 passed by the High Court Of Uttarakhand At Nainital)
PRADEEP SINGH BISHT & ANR. Petitioners
CHIEF SECRETARY & ORS. Respondents
WITH SLP(C) Nos. 2733-2734/2015 (X) SLP(C) Nos. 2751-2752/2015 (X) (APP FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS ON IA 3/2015)
Date : 19-07-2019 This matter was called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK GUPTA HON'BLE MR. JUSTICE ANIRUDDHA BOSE
For Petitioner Ms. Ruchira Gupta, Adv. Ms. Mona Sinha, Adv. Mr. Shishir Deshpande, AOR
Ms. Shashi Kiran, AOR Dr. Satish Chandra, Adv. Mr. Arjun Sain, Adv. Mr. Manoj Jain, Adv. Mr. Prabhoo Dayal Tiwari, Adv.
Ms. Surbhi Mehta, AOR
For Respondent Mr. Bahar U. Barqui, Adv. Mr. Aftab Ali Khan, AOR Mr. M.Z. Chaudhary, Adv. Mr. Arvind Kumar Kanva, Adv. Mr. Syed Mohammed Aatif, Adv. Mr. Ali Safeer Farooqi, Adv.
Mr. Syed Imtiaz Ali, Adv.
Mr. Gopal Jha, Adv. Mr. M. Rambabu, Adv. Mr. Gurmeet Singh Makker, AOR
Mr. Manish Kumar, Adv. Ms. Divya Roy, AOR
Mr. Abhishek Atrey, AOR
Mr. Jatinder Kumar Bhatia, AOR Mr. Tanmaya Agarwal, Adv.
Mr. Rahul Kaushik, AOR
UPON hearing the counsel the Court made the following
Leave granted.
The appeals are allowed in terms of the signed
order.
Pending interlocutory applications, if any, shall
stand disposed of.
(Deepak Guglani) (Anand Prakash) Court Master Court Master (signed order is placed on the file)