The Uttarakhand High Court has issued a firm directive to the Nainital district administration, demanding the submission of all crucial documents and maps concerning widespread encroachments on the Devkhari drain in Haldwani. The court has set a strict deadline of December 12 for this compliance.
Court Takes Suo Motu Action Based on Citizen's Letter
The judicial intervention began when the court took suo motu cognisance of a letter written by social worker Hemant Gauniya. This letter was formally registered as a Public Interest Litigation (PIL). The core grievance highlighted in the PIL is that the proposed road widening project from Teen Pani to Kathgodam is being severely obstructed due to illegal constructions on the Devkhari drain. The petition alleges that these encroachments primarily serve the interests of certain commercial establishments.
200 Encroachments Identified, But Key Documents Missing
Following earlier court orders, the district administration conducted a survey and submitted a report. This report revealed a staggering 200 identified encroachments on the drain. Notices have been issued to all the squatters, and a list of these encroachers was presented before the division bench comprising Chief Justice G Narendra and Justice Subhash Upadhyay.
However, a significant hurdle emerged during the proceedings. The amicus curiae, advocate Aditya Pratap Singh, informed the bench that essential maps and documents related to the encroachments were still missing. The court noted with concern that the map submitted by the administration was merely sourced from Google, making it impossible to determine the drain's actual course and boundaries.
Drain Vanishes from Ground, Exists Only on Paper
The bench observed a critical issue: while the Devkhari drain is officially recorded in the land records (khasra), its physical presence on the ground has nearly disappeared due to the rampant encroachments. It is reportedly visible only near the Walkway Mall area. The High Court emphasized the urgent need for authentic revenue records to bring clarity to the situation and ascertain the true extent of the illegal constructions.
Consequently, the court instructed the Nainital District Magistrate to ensure all required documents are handed over to the amicus curiae by December 12. Advocate Aditya Pratap Singh will examine these papers and submit a detailed report to the court. The matter is scheduled for its next hearing on the same date, December 12.
