2025:UHC:6983 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1238/2021 Hon’ble Manoj Kumar Tiwari, J 1. Mr. A.D. Tripathi, learned counsel for the petitioner. 2. Mr. Krishan Mohan Joshi, Advocate holding brief of V.K. Kapruwan, learned Standing Counsel for the Union of India. 3. Mr. Sanjay Bhatt, learned counsel for the respondent-Cantonment Board. 4. Mr. Aditya Singh, learned counsel for the private respondents. 5. According to the petitioner, his father was granted a piece of land on lease for residential purpose in Cantonment Board, Ranikhet. The term of the lease has expired in the year 2022. 6. The grievance of the petitioner is that respondent nos. 4 to 9 have forcibly entered into the leased land and have also raised some structure. By means of this writ petition, petitioner has sought the following reliefs:- “(i) Issue a writ, order or direction in the nature of MANDAMUS Commanding and Directing the respondent no. 3, to take strict action against the respondents 4 to 9, and demolish the illegal construction of respondents 4 to 9 deploying necessary police force. (ii) Issue a writ, order or direction in the nature of MANDAMUS Commanding and Directing the respondent no. 3, to hand 2025:UHC:6983 over possession of land to petitioner forthwith. (iii) Issue a writ, order or direction in the nature of MANDAMUS Commanding and Directing the respondent no. 3, to grant permission to renovate the building and premises of the lease property. (iv) Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 3 to renew the lease of the petitioner in accordance with the guide lines/policy/letter dated 10.3.2017 issued by the Govt. Of India Ministry of Defence. Contained in (Annexure No. 17).” 7. Notice issued by Chief Executive Officer, Cantonment Board to alleged unauthorised occupants is on record as Annexure-11 to the writ petition. Perusal of the said document reveals that on 20.09.2019, a notice was issued to the unauthorised occupants, asking them to remove their unauthorised construction, failing which the same shall be forcibly removed by the Cantonment Board at the cost and expense of the encroachers. 8. Learned counsel for the petitioner submits that the authorities of Cantonment Board have thereafter not taken any action pursuant to the said notice and the unauthorised occupants are merrily enjoying the property. 9. The land in question is public property belonging to Ministry of Defence. Unauthorised occupation over Government land is a serious issue. 10. Since the Cantonment Board is caretaker of the property belonging to Ministry of Defence, therefore, it is incumbent upon the Chief Executive Officer to ensure that not a single inch of 2025:UHC:6983 land belonging to Ministry of Defence is encroached by unscrupulous persons. 11. The writ petition is, therefore, disposed of with a direction to the Chief Executive Officer, Cantonment Board, Ranikhet to examine whether the land in question is encroached/unauthorisedly occupied by any individual. If it is found that some person / persons is occupying defence land without proper authorization by the competent authority, then the Chief Executive Officer shall take necessary steps for removal of such unauthorised occupants, after issuing 15 days notice to such unauthorised occupants to show cause, as to why their unauthorised occupation may not be removed. This entire exercise shall be completed within six months from the date of production of certified copy of this order before him. (Manoj Kumar Tiwari, J) 08.08.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea 30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A 58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.08.11 07:09:55 -07'00' 2025:UHC:6983