Disposed

Vijay Kumar Chaudhary v. State of U.P. and 3 Others

Allahabad HC3 Feb 2021WPIL/84/2021

Case brief

AI extract

What is this about?

In a PIL regarding encroachment over National Highway land, the High Court treated the petition as a representation, directed the District Magistrate to conduct an inquiry and remove unauthorized structures, ordered police security if needed, mandated compensation recovery, and set a reporting date.

What did the court decide?

Directed DM to inquire, remove encroachment, ensure police security if needed, recover compensation, and file report within three months.

Vijay Kumar Chaudhary Vs State of U.P. and 3… — Municipal and Town Planning | Allahabad HC (2021)

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Court No. - 9

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 84 of 2021

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Petitioner :- Vijay Kumar Chaudhary Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Dubey Counsel for Respondent :- C.S.C.

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

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Shri Prabhakar Dubey, learned counsel appears for the petitioner.

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Learned Standing Counsel appears for the State respondents.

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The petitioner has filed the present Public Interest Litigation seeking following relief:

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"i. Issue a writ, order or direction in the nature of Mandamus commanding the respondent no.-2 and 3 to consider the matter and take appropriate action for removal of the illegal encroachment and construction of the building in question constructed by the respondent no.4 over the National Highway (NH 233) Indo Nepal Border, Kakrahwa to Rudhauli Basti Marg, Parsa Shah Alam, District- Siddharth Nagar."

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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, Siddharth Nagar is directed to cause an inquiry and take appropriate steps in accordance with law in case encroachment is found on the Government land.

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

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

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(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.

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

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(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 Siddharth Nagar 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.

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(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.

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(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.

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(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.

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

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Action taken report be filed by the District Magistrate in this Court on or before 3.05.2021.

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The petition stands disposed of in the above terms, save and except for reporting compliance on 03.05.2021 .

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Order Date :- 3.2.2021 Kirti

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

Vijay Kumar Chaudhary v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Vijay Kumar Chaudhary v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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