The Uttarakhand High Court directed Dehradun's district magistrate to decide the encroachment representation within six months. The order requires due process, including hearings for alleged encroachers before any removal action.
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Dehradun,Oct 15, 2026 00:02 IST
The Uttarakhand High Court has directed the Dehradun district magistrate to decide within six months on a representation seeking the removal of alleged encroachments over and around a drain in Dehradun. The authorities must act in accordance with the law and give the alleged encroachers an opportunity to be heard before taking a decision.
The direction came after the state government and the Cantonment Board informed the court that encroachments existed over and around the drain, which flows through Clement Town and the Cantonment area. Officials from the departments concerned will identify the encroachments after the Dussehra holidays, following which further action will be initiated.
A Division Bench of Acting Chief Justice Manoj Kumar Tiwari and Justice Subhash Upadhyay issued the directions while disposing of a public interest litigation filed by Clement Town resident Sanjay Kumar.
During an earlier hearing, the court had asked the state government and the Cantonment Board to inspect the site and report whether any encroachments existed. At Wednesday's hearing, they told the court that encroachments had been found and that the area fell under the Board's jurisdiction.
The court was also informed that a team of officials from the departments concerned would be formed to identify the encroachments. After the exercise, the people concerned would be given an opportunity to present their case before steps were taken to remove the encroachments.
According to the petition, the drain flows through the Bharuwala area before joining the Bindal River. Kumar alleged that several people had encroached on and around the drain and filled parts of it, creating a serious risk of flooding in the area.
Kumar said he had submitted a representation on August 12 to the district magistrate, the Cantonment Board and other departments concerned, seeking the removal of the encroachments. As no decision had been taken, he approached the court for directions to the authorities. The court has now asked the district magistrate to decide on the representation within six months while ensuring that the alleged encroachers are heard before further action.
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