The court directed specific official respondents to prevent encroachment on a government burial ground in Narkatpalli Village, dismissing broader PIL directions regarding shopping mall construction and prior resolutions in a matter of identical facts.
Direct respondent Nos. 3, 4 and 5 to ensure government lands are not encroached.
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.
THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE
AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
PUBLIC INTEREST LITIGATION NO.233 OF 2012
DATED:24.9.2012
Between: P. Swamy and others … Petitioners And Narkatpalli Gram Panchayat Rep. by its Secretary/Special Officer Narkatpalli Village and Mandal Nalgonda District and others … Respondents
THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
PUBLIC INTEREST LITIGATION NO.233 OF 2012
ORDER: (per the Hon’ble the Acting Chief Justice Sri Pinaki Chandra Ghose)
This public interest litigation is filed inter alia for a direction to respondent No.1 to 5 to protect the burial ground situated in an extent of Ac.0.08 guntas in Sy. No.219 of Narkatpalli Village and Mandal, Nalgonda District.
The grievance of the petitioners is that respondent Nos.1 to 5 have not implemented the Gram Sabha Resolution dt.3.1.2002 to protect the land in question, and are allowing to construct shopping malls in the area without permission from respondent No.1.
After hearing the learned counsel for the parties, it appears to us that a similar petition being P.I.L. No.151 of 2012 was filed earlier before this Court and the Division Bench dismissed the said petition on 16.4.2012. The facts of the said case and the case on hand are almost identical and it is also in respect of an extent of Ac.0.08 guntas i n Sy. No.219 of Narkatpalli Village. In the said petition also, the petitioners therein have challenged the action of respondents in not implementing the resolution dt.7.1.2012 of the Gram Panchayat requiring an enquiry to be made in respect of the land in question.
It appears to us that the facts are identical excepting that the petitioners herein have already approached the authorities in the matter in question.
Looking to the facts of the case and the material placed before
us, we only direct the official respondent Nos.3, 4 and 5 to see that the government lands are not encroached.
The public interest litigation is accordingly disposed of. No
costs.
__________________________ PINAKI CHANDRA GHOSE, ACJ
_____________________ VILAS V. AFZULPURKAR, J 24.9.2012 bnr
1 issue framed by the court
Whether the official respondents should be directed to prevent encroachment on the government burial ground.
Colour shows how this judgement treated each authority
P.I.L. No.151 of 2012Referred¶12
P. Swamy and others
Narkatpalli Gram Panchayat Rep. by its Secretary
Mandal Nalgonda
Pinaki Chandra Ghose
Vilas V. Afzulpurkar
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
