Uttarakhand HC Seeks State Govt's Response On PIL Seeking Land Ownership Rights To Residents Of Damuvadunga
|The Uttarakhand High Court has ordered the State Government to respond to a PIL regarding the occupancy rights of Haldwani residents post the de-notification of forest land.
The Court listed the matter for April 16 2024 and directed that the municipal corporation of Haldwani should be made a party to the Petition. The Petition pertained to the right of the area's occupants to settle and hold land, requesting the removal of the ban.
The Bench headed by Chief Justice Vipin Sanghi and comprising Justice Rakesh Thapliyal noted, “In this Writ Petition, the grievance raised by the petitioner is that, though the reserve forest has been de-notified, and included in the municipal limits of Haldwani, no survey has been undertaken, with the result that the rights of the occupants have not been recognised, despite issuance of the notification dated 26.12.2016”.
Advocate Sandeep Tiwari appeared for the Petitioner, and Standing Counsel J.C. Pande appeared for the Respondents.
The Petitioner claimed that the reserve forest was removed from its protected status and incorporated into the municipal boundaries of Haldwani. They further alleged that despite notification of the forest being converted into a revenue village, the occupants' rights were not acknowledged. However, the State halted the land allotment process in May 2020 without providing valid reasons. The Court directed the Municipal Corporation of Haldwani and the State Government to submit counter-affidavits within four weeks.
Accordingly, the Court listed the matter for April 16, 2024.
Cause Title: Deepak Balutia v State of Uttarakhand