In a significant decision for local communities, the Uttarakhand High Court has dismissed a criminal petition filed by the Bengal Engineering Group and Center (BEG Center) in Roorkee. The ruling, which favors the villagers of Bhangeri, resolves a long-standing dispute over a public road passing through the Roorkee Cantonment area.
The court, presided over by Justice Pankaj Purohit, declared that the disputed land, identified as Khasra No. 710, is officially recorded as a “Gauhar Rasta” – a public thoroughfare. The court emphasized that restricting public movement on such a road is unreasonable.
The BEG Center, a key Indian Army training institution, had sought to challenge previous orders from the Additional District and Sessions Judge of Haridwar and the Sub-Divisional Magistrate of Roorkee. These orders had mandated the removal of a gate that the BEG Center had erected to close the public road.
The BEG Center’s arguments included classifying the land as “A-1” defense land, intended for military training, and asserting that civilian access was prohibited. They also contended that a previous civil court ruling had dismissed the villagers’ land claim, thus questioning the SDM’s jurisdiction to reopen the matter.
However, the state government and the villagers presented evidence showing that Khasra No. 710, spanning 0.3590 hectares, was legally designated as a “Gauhar Rasta” under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, with no subsequent change in its classification.
The High Court, after reviewing all arguments and documents, concluded that the revenue records clearly marked the plot as a public road. Crucially, the Army failed to provide substantial evidence of legal land acquisition or any immediate security threat posed by the public use of the road. The court also noted that a previous legal case involving the BEG Center concerned a canal route, unrelated to the current road dispute, and that the disputed stretch of road lies outside the acquired defense land.