Dismissed

Jitendra Kumar v. State of U.P. Thru. Prin. Secy., Urban Development, Lucknow and Others

Allahabad HC10 Jul 2024/555/2024

Case brief

AI extract

What is this about?

PIL challenging inaction on removal of encroachment on public utility land in Lucknow. Court noted municipality issued notice and initiated proceedings. Petition dismissed with direction to proceed with removal expeditiously.

What did the court decide?

Direction to Nagar Nigam, Lucknow to proceed for removal of encroachment on the said land in accordance with law expeditiously.

Jitendra Kumar Vs State of U.P. Thru. Prin… — Public Procurement and Tenders | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46864

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Court No. - 7

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 555 of 2024

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Petitioner :- Jitendra Kumar Respondent :- State Of U.P. Thru. Prin. Secy., Urban Development, Lucknow And Others

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Counsel for Petitioner :- Devendra Pratap Singh,Maneesh Singh Counsel for Respondent :- C.S.C.,Namit Sharma,Shubham Joshi

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Hon'ble Alok Mathur,J.

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Heard Sri Devendra Pratap Singh, learned counsel for petitioner as well as learned Standing Counsel for respondent Nos. 1 to 3 & 6, while Sri Shubham Joshi, Advocate has appeared on behalf of Nagar Nigam, Lucknow.

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It has been submitted by learned counsel for petitioner present public interest litigation is directed against the inaction on the part of State authorities by which they are not ensuring the removal of public utility land i.e. Gata No. 68/0.0510 hec. Gata No. 91/0.5350 hect. Gata No. 143/0.8730 hect. situated at Village/Mohalla - Madharmau Kal, Post - Bakkas, Tehsil - Mohanlalganj, District - Lucknow which is public utility land belonging to gaonsabha now vested in Nagar Nigam, Lucknow has been encroached by private respondents and the said land has been recorded as Pond.

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Since complaints has been given by the petitioner but no action has been taken and consequently by means of present writ petiton, the petitioner has prayed for a direction to the State respondents to free the said land from encroachment in view of the judgment of Hon'ble the Apex Court in the case of Hinch Lal Tiwari Vs. Kamla Devi and others, reported in 2001 (6) SCC 496.

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On the basis of instructions, this Court has been informed that Nagar Nigam has already issued notice to the alleged encroachers on 26.06.2024 as per provisions contained in Section 296 of the Uttar Pradesh Municipalities Act, 2016 and after considering the response, if any, proceedings for removal of the encroachment will be undertaken in accordance with law.

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In light of the above as well as considering that Nagar Nigam

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has already initiated proceedings for removal of the encroachment, it is expected that they shall act in accordance with law and in case the said land is found encroached, they will take effective measure for removal of the said land.

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In light of the above, the writ petition is disposed of with a direction to Nagar Nigam, Lucknow to proceed for removal of the encroachment on the said land in accordance with law expeditiously.

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(Alok Mathur, J.)

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Order Date :- 10.7.2024 Ravi/

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Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench

Jitendra Kumar v. State of U.P. Thru. Prin. Secy., Urban Development, Lucknow and Others

Case brief

What is this about?

What did the court decide?

Jitendra Kumar v. State of U.P. Thru. Prin. Secy., Urban Development, Lucknow and Others

Case brief

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What did the court decide?

What the court decided

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