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The High Court of Uttarakhand had passed an order regarding the eviction of encroachers, without even allowing them to provide evidence in their support. The HC by its order had given several directions to implement the demolition, one of those directions was that the civic bodies has the authority to demolish the structure within four weeks of the order. As well as during the demolition the state functionaries were given an authority to impose section 144 of Criminal Procedure Code
(CrPC). Being aggrieved of the same, Special Leave Petition under Article 136 of the Indian Constitution in the Supreme Court, had been filed by a woman named Suneeta. The counsel of the petitioner contended that the order of the HC is not justified to pass the order of eviction without even demarcating of the land.
The bench was constituted, comprising Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud. On June 18, the decision of the HC was not completely reversed instead it was modified, on the plea of the woman that even if the occupants are illegal, demolition cannot be done without following due process of law. The bench in its order stated that the notice has to be served by the Nagar Nigam, Dehradun regarding the demolition within three weeks, then the reply has to be filed by the encroachers within three weeks of the serving of the notice, thereon within four weeks the decision has to be made. It added that till this process is not completed the status quo has to be maintained.
The HC has issued several general directions regarding the demolition, to which the order specifically stated that the court is not concerned regarding those directions instead the Court is concerned to modify the order of the HC. The Apex court also mentioned that the applicability of this order will be to the extent of the encroachers that were occupants before the order of the HC. All the encroachers who occupied the place after the order of the HC, shall be removed by the competent authority by giving a notice within 24 hours.
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