This was a PIL filed regarding encroachment on public land. The court dismissed the petition by issuing directions to do the needful after verification rather than deciding on merits.
Directions to the competent authority to verify facts, examine the claim after hearing, and take necessary action within specified timelines.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
In Chamber
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 619 of 2020
Petitioner :- Lal Mani Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Shiv Shankar Singh Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Ashwani Kumar Mishra,J.
This public interest litigation has been filed by the resident of village Sirhir Tappa Chaurasi, Pargana Khairagarh, Tehsil Meja, District Prayagraj with the grievance that plot no. 394 bearing area 0.087 hectare although is recorded as Chakmarg; plot no. 154, area 0-0220 as Nali and plot no. 154, area 0-0220 hectare as Naveen Parti in the revenue records yet the private respondent nos. 5 to 9 have encroached upon it. It is stated that various representations in that regard have been made before the competent authority but no action is being taken by the State authorities to evict unauthorised occupants from public land and hence this petition.
Learned Standing counsel states that the competent authority shall get the facts verified and would take necessary action as may be warranted in law.
In that view of the matter, this petition is disposed of permitting the petitioner to represent his grievance before the 3rd respondent along with copy of this order annexing all materials in support of his claim within four weeks from today. The concerned respondent shall examine petitioner's claim and would do the needful within a further period of three months thereafter after affording an opportunity of hearing to respondent nos.4 to 9. It is clarified that this court has not examined petitioner's claim on merits and all issues of fact are left open to be decided by the competent authority, at the first instance. It is further provided that the authority concerned shall ensure that land earmarked for public utility services is not allowed to be encroached upon by any private individual contrary to law.
Order Date :- 22.7.2020 Abhishek Singh
Lal Mani
State Of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
