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Allahabad High Court · body

2015 DIGILAW 3432 (ALL)

Sadhna Mehrotra v. State of U. P. Through Prin. Secy. Deptt. of Home Lko.

2015-11-02

D.Y.CHANDRACHUD, NARAYAN SHUKLA

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JUDGMENT The petitioner invoking the jurisdiction under Article 226 of the Constitution has sought a mandamus for the removal of an encroachment alleged to have been carried out in a public utility land. For a convenience of reference, the prayer clauses are extracted hereinbelow: "i. issue a writ, order or direction in the nature of mandamus commanding the opposite parties No.2 to 4 to take suitable action against the opposite parties No.6 and 7 for illegal encroachment over the land situated adjacent to Plot No. D-16 Nirala Nagar, T.G. North Chandganj Housing Scheme, Lucknow (which is earmarked as Lane in the record) and to get the land cleared from the illegal encroachment of the opposite parties No.6 and 7. ii. issue a writ, order or direction in the nature of further mandamus commanding the opposite parties No.1 and 5 to take to suitable action against the opposite parties No.6 and 7 for illegal encroachment over the land situated adjacent to Plot No.D-16 Nirala Nagar, T.G. North Chandganj, Housing Scheme, Lucknow (which is earmarked as Lane in the record) and to get the land cleared from the illegal encroachment of the opposite parties No.6 and 7." 2. Under section 114 (xxiv) of the U.P. Municipal Corporations Act, 1959, it is an obligatory duty of the Municipal Corporation to remove obstructions and projections in or upon streets, bridges and other public places. The expression 'street' is defined under Section 2(74) of the Act to include any lane, path or passage over which the public have a right of passage or access. 3. We clarify that in the absence of the sixth and seventh respondents, we are not entering any finding of fact in these proceedings. However, we direct the Commissioner of the Nagar Nigam to enquire into the grievance of the petitioner with due notice to all the affected parties and thereafter to determine expeditiously whether and if so what action is necessary to secure compliance with law. The petition is, accordingly, disposed of. There shall be no order as to costs.