State of Uttaranchal & another Vs. Sunil Kumar Vaish & others
Civil Law - Eviction from land
Fixation of compensation - In challenge - Acquisition of respondent's land for public purpose, however, the Government executed a grant/lease in favour of respondent to lease out the said land for agricultural purposes - Respondent filed writ petition apprehending forcible dispossession - High Court - Land was a public premises and the respondent was in unauthorised occupation after the determination of grant and action for his eviction was justified but directed the State Government to pay an amount of Rs.70,99,951.50 with interest to the respondents, placing reliance on an inter-departmental communication sent by the District Magistrate, Haridwar to the Secretary, Government of Uttar Pradesh - Appeal - Facts clearly indicate that the respondent was an unauthorised occupant of the land and that finding attained finality - Supreme Court - Unless an order is expressed in the name of the President or the Governor and is authenticated in the manner prescribed by the rules, the same cannot be treated as an order on behalf of the Government, thus, the recommendations made by the District Magistrate could not be treated as an order of the State Government - Impugned judgment of the High Court set aside - Appeal allowed.
BENCH:
Advocates For the Appellant(s) :
Topic(s)-Eviction from land , Fixation of compensation
Important Decision(s)-