Research › Search › Judgment

Allahabad High Court · body

2015 DIGILAW 3325 (ALL)

Ram Baran v. State of U. P.

2015-10-26

D.Y.CHANDRACHUD, YASHWANT VARMA

body2015
JUDGMENT The petitioner has moved a second petition in the form of a public interest litigation for seeking action in respect of a public pond described as Gata No.1374 Kha situated at Village Hardon, Tehsil Khaga, District Fatehpur. In the earlier PIL which the petitioner had filed (PIL 47578 of 2015), the following order was passed by the Division Bench on 24 August 2015 while dismissing the writ petition: "The petitioner has moved these proceedings claiming relief in respect of land bearing Gata No.1374 Kha, situated at Village Hardon, Tehsil Khaga, District Fatehpur. The revenue extract, which is placed on the record, indicates that there is an entry pertaining to the resumption of the land for a dedicated freight corridor. The petition is totally silent on the revenue entry. In this view of the matter, it would not be appropriate for the Court to issue directions, purportedly as sought, for the protection of a pond when the revenue entry has not been duly explained. The petition is, accordingly, dismissed. There shall be no order as to costs." 2. In the present petition, the case which is set up is that Gata No.1939 admeasuring 0.0044 hectares, Gata No.2173 admeasuring 0.0200 hectares and Gata No.2181 admeasuring 0.038 hectares had been acquired for the purposes of the railways by an order dated 3 November 2012 whereas Gata No.1374 Kha is still reflected as a pond in the revenue records. In support of this pleading, reliance has been placed on the revenue record which is annexed to the writ petition. The petitioner has in this manner sought to explain the lacunae which was noticed in the previous order of this Court dated 24 August 2015, since it is sought to be urged on the basis of the revenue records that Gata No.1374 Kha is still shown as being reserved for a pond (talab). 3. In order to bring factual clarity to the issue before the Court, we had by an order dated 5 October 2015 directed the Standing Counsel to take instructions but no instructions have been made available to the Standing Counsel. 3. In order to bring factual clarity to the issue before the Court, we had by an order dated 5 October 2015 directed the Standing Counsel to take instructions but no instructions have been made available to the Standing Counsel. Instead of keeping the public interest litigation pending before this Court, we are of the view that it would be appropriate if the Collector and District Magistrate, Fatehpur conducts an enquiry in regard to the grievance of the petitioner for the purpose of verifying the exact nature of the land bearing Gata No.1374 Kha which, according to the petitioner, is reserved for the purpose of public pond. 4. We clarify that particularly in the absence of this factual enquiry, we are not entering any finding of fact. We also clarify that in the absence of the private respondents, we are not entering any finding at this stage in regard to the allegation of unauthorized occupation since the ends of justice would be met by directing the Collector and District Magistrate to conduct an enquiry after due notice to all the affected parties. In the event that it is found that there is any unauthorized encroachment of land which is reserved for public utility purposes, sufficient remedies are available to the authorities under Section 122-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950. We direct that the enquiry by the Collector and District Magistrate shall be concluded preferably within a period of four months from the receipt of a certified copy of this order. 5. The petition is, accordingly, disposed of. There shall be no order as to costs.