Allowed

Shri Chandra Yadav and 2 Others v. State of U.P. and 13 Others

Allahabad HC25 Jan 2021WPIL/79/2021

Case brief

AI extract

What is this about?

The Court treated a PIL regarding alleged encroachment on Government land as a representation to the District Magistrate, Jaunpur. It directed the DM to inquire and remove encroachments with police support if threatened, recover compensation, and file a report.

What did the court decide?

Directions issued to District Magistrate to inquire into encroachments, remove unauthorized structures with police force if needed, challenge adverse orders within one week, and recover compensation f

Shri Chandra Yadav and 2 Others Vs State of U.P. and… — Landlord and Tenant | Allahabad HC (2021)

¶1

Court No. - 9

¶2

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 79 of 2021 Petitioner :- Shri Chandra Yadav And 2 Others Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Amar Singh Yadav Counsel for Respondent :- C.S.C.

¶3

Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.

¶4

Office is directed to correct the name of the petitioner in the title as Shri Chandra Yadav in place of Chandra Yadav.

¶5

The petitioners have filed the present Public Interest Litigation seeking following relief:

¶6

"i) issue a writ, order or direction in the nature of mandamus directing the respondent nos 1, 2, 3 and 4 to remove he encroachment made by respondents no.5 to 14 over land of Public Work Department (P.W.D.) between Khutahan to Khetasarai Marg in Tehsil-Shahganj, DistrictJaunpur.

¶7

ii) issue a writ, order or direction in the nature of mandamus directing the respondent no.4 to take necessary action on the application of petitioners dated 16.01.2020 within stipulated period which is pending before the respondent no.4 (Annexure No.-3 to this writ petition). "

¶8

Since there is allegation with regard to encroachment over the Government land, this Court is of the considered opinion that the cause of justice would be best served if the District Magistrate, Jaunpur is directed to cause an inquiry and take appropriate steps in accordance with law in case encroachment is found on the Government land.

¶9

In view whereof we deem it appropriate to issue following directions:

¶10

(i) The petition be treated as representation made to the District Magistrate, Jaunpur about encroachments on subject land, which incidentally is Government land/public property.

¶11

(ii) The District Magistrate shall cause to make inquiry into this grievance and if he is convinced about the same, he will be obliged to take action against the encroachers and unauthorized structures to remove the said encroachment on the public property with utmost dispatch by following due process and giving opportunity to all concerned.

¶12

(iii) If the District Magistrate has any difficulty in taking

¶13

follow-up action as per the direction issued by him, must report that fact to this Court forthwith and seek appropriate directions as may be required.

¶14

(iv) If Revenue Authority intends to proceed to remove/demolish unauthorized structure standing on the public property and apprehends any threat from the encroachers with regard to that action, may request Superintendent of Police, District Jaunpur to provide sufficient police force for security arrangement. If such request is made, the Superintendent of Police shall personally ensure that adequate police force is deputed on the site, on the date and time notified by the Revenue Authority for proceeding with the removal/demolition of unauthorized structure(s) standing on the public property.

¶15

(v) Any person aggrieved by the decision or action of the Revenue Authorities will be free to challenge the same by way of appropriate proceedings, if so advised, before the Court of competent jurisdiction.

¶16

(vi) If any adverse order is passed by the District Magistrate the affected person(s) be given one week's time before taking action on the basis of that order to enable the concerned person(s) to assail that order by way appropriate proceedings before the Court of competent jurisdiction.

¶17

(vii) After removal/demolition of unauthorized structure(s), the District Magistrate shall cause to initiate proceedings for recovery of compensation/damages for unauthorized user of the public property as per rules and recover that amount from the concerned occupant of the unauthorized structure, in accordance with law and as arrears of land revenue.

¶18

Let the entire exercise be done within a period of three months from the date of communication of this order.

¶19

Action taken report be filed by the District Magistrate in this Court on or before 26.4.2021.

¶20

The petition stands disposed of in above terms, save and except for reporting compliance on 26.4.2021.

¶21

Order Date :- 25.1.2021 N Tiwari

¶22

(Jayant Banerji, J.) (Sanjay Yadav, J.)

Shri Chandra Yadav and 2 Others v. State of U.P. and 13 Others

Case brief

What is this about?

What did the court decide?

Shri Chandra Yadav and 2 Others v. State of U.P. and 13 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Jamil Ahamad Faruqui and 3 Others Vs State of U.P. and 4 Others

Sumitra Vs State of U.P. and Another

Azabul Hasan Vs State of U.P. and 2 Others

Chandra Datt Sharma Vs State of U.P. and 5 Others

Shahabuddin and Another Vs State of U P and 2 Others

Tajmul Husain Vs State of U P and 2 Others