This single-judge bench dismissed a writ petition challenging the construction of a water tank under Jal Jivan Mission on land earmarked for a school. The court held it was a policy decision unamenable to judicial review.
The writ petition was dismissed refusing to interfere with the policy decision regarding the construction site.
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.
Court No. - 40
Case :- WRIT - C No. - 39823 of 2022
Petitioner :- Munshi Lal Patel Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Kumar Verma Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Present writ petition has been preferred for a direction to respondent no.2 to decide the representation dated 9.11.2022/12.11.2022 within stipulated period and restrain the construction of water tank over Arazi No.115/5350 hect. of Primary Pathsala / Tahabarpur, Distt. Jaunpur under the scheme of Jal Jivan Mission.
It is being pressed before us that inspite of other public utility land available for the construction of water tank, the same is being constructed over the land, which is earmarked for school.
Shri S.C. Upadhyay, learned State Law Officer raised an objection that the petitioner is not the resident of village, where the construction is going on. The land in question is a public utility land. Moreover, this is a policy decision by which under the said scheme the construction in question is to be carried out.
Considering the facts and circumstances of the case, we find substance in the objection of learned Standing Counsel. The construction of water tank is a policy decision, which cannot be ordinarily interfered by this Court under Art.226 of the Constitution of India. Needless to say, the petitioner is always at liberty to avail the remedy as available in law.
The writ petition stands dismissed accordingly.
Order Date :- 16.2.2023 A. Pandey
Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad
3 issues framed by the court
Whether construction of water tank over school land under Jal Jivan Mission is amenable to writ challenge.
Whether petitioner, non-resident of the village, has locus standi to challenge the policy decision.
If policy decision on construction site matters falls within judicial review under Article 226.
Munshi Lal Patel
State Of U.P.
Mahesh Chandra Tripathi
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
