District Magistrate Must Decide Nala-Encroachment Representation After Hearing Affected Persons

The petitioner, a resident of Ajad Colony Majra, Clement Town, Dehradun, alleged encroachments and unauthorised construction over Khasra No. 245, recorded as a “Nala” and measuring 0.4410 hectares, at Mauja Bharuwala Grant.

He sought a joint inspection and scientific demarcation, followed by identification and removal of unlawful obstructions in accordance with law.

The State and Cantonment Board acknowledged that the Nala was heavily encroached; the State submitted that a joint inspection team comprising Revenue and Irrigation Department officials would be constituted, and the Court observed that the Cantonment Board should also be represented.

The judgment cites no specific statute, precedent, or substantive legal doctrine.

It directs the District Magistrate to decide the petitioner’s representation “as per law” and requires an opportunity of hearing for persons likely to be affected before an order is passed.

The Court also indicated that other stakeholders may be consulted.

The State and Cantonment Board’s acknowledgments established that the alleged encroachment warranted consideration by the competent district authority.

Although the State proposed a joint inspection and the Court considered Cantonment Board participation desirable, the operative direction was for the District Magistrate to examine and decide the petitioner’s representation within six months.

Requiring a hearing for affected persons and permitting consultation with stakeholders ensured that the decision would be made after considering relevant interests.

The District Magistrate must provide an opportunity of hearing to persons likely to be affected and may consult other stakeholders before deciding the representation.

Pending applications, if any, were also disposed of.