In Brief
The Supreme Court set aside a High Court order directing the eviction of appellants and removal of alleged encroachments from Uttarakhand. The Court found that the High Court's conclusions were not supported by documentary evidence on record. Although court-appointed Advocate-Commissioners had reported unauthorised construction, their report alone could not sustain such directions. The Court expressed concern that the Municipal Corporation had not exercised its statutory powers before seeking judicial intervention. Liberty was granted to the Municipal Corporation to proceed in accordance with law if advised.
The lawyer headnote and full judgment text are available to registered users.