HC directs action against ‘illegal’ construction on green belt in Dehradun

Dehradun: Uttarakhand high court disposed of a public interest litigation (PIL) alleging encroachment on a public park and green belt land in Dehradun's Rajendra Nagar Colony, clarifying that the administration must continue action against any illegal construction in accordance with the law.A division bench of Chief Justice Manoj Kumar Gupta and Justice Subhash Upadhyay heard the matter. The petition, filed by the Rajendra Nagar Residents Welfare Society, claimed that nearly 79,710 square feet of public land in Block A of the colony had been "illegally occupied and built upon by private parties". The petitioner sought demolition of the alleged illegal structures and removal of encroachment from the public park.
Earlier, the court had directed the municipal commissioner and the concerned police station in-charge to inspect the site. It ordered that if encroachment was found, construction work should be stopped immediately and any machinery at the site confiscated by the police.A joint inspection report submitted by the Dehradun Municipal Corporation and the Mussoorie Dehradun Development Authority (MDDA) stated that "no govt land or designated park area was found within the boundaries of the approved layout plan". However, it noted illegal construction on Khasra No 34, which had already been sealed by the MDDA.During the hearing, an intervener, Vinay Kumar Gupta, alleged that the petitioner society was colluding with the private respondents. He claimed the disputed land was earmarked as a playground in the approved layout plan. The private respondents, however, maintained that the land was their private property and said they had obtained a stay order against the sealing action.The HC noted that Gupta had already filed a civil suit concerning the same land. Since the matter was pending before a civil court, it found no reason to continue with the PIL.The bench directed the MDDA to complete the proceedings initiated against the illegal constructions under the relevant provisions of the Uttar Pradesh Town Planning and Development Act, 1973, in accordance with the rules. It also clarified that disposal of the PIL would not affect the pending civil suit.