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Allahabad High Court · body

2016 DIGILAW 1123 (ALL)

Usha Arora v. State of U. P.

2016-03-30

D.Y.CHANDRACHUD, YASHWANT VARMA

body2016
JUDGMENT The issue which has been raised in the petition which has been filed in the public interest pertains to land belonging to the Nagar Nigam, Bareilly situated at Village Nadausi, Pargana, Tehsil and District Bareilly and is described as Plot No.258 area 3410 square meters. 2. The grievance of the petitioner is that though the land has been occupied unauthorizedly, no steps are being taken by the Nagar Nigam against the occupants. At this stage, the fifth respondent against whom the allegation has been made as well as the sixth respondent are not present before the Court. From the record, it appears that on 11 June 2015, the Deputy Collector, Bareilly had addressed a communication to the Municipal Commissioner of the Nagar Nigam to inform him of the steps which have been taken for the removal of unauthorized encroachments. The petitioner who is an elected corporator initially submitted a representation to the Chief Minister on 2 June 2015 on which a note was made by the OSD in the office of the Chief Minister for conducting an inquiry. It appears that on 27 August 2015, the Municipal Commissioner called upon the petitioner to submit documentary material within a period of five days. At this stage since the Municipal Commissioner is already seized of the matter, we do not deem it appropriate and proper to issue any direction which may involve any adjudication on the merits particularly in the absence of the parties who would be directly affected. However, since the Municipal Commissioner is seized of the matter, it would be appropriate and proper that a decision be taken following the due process of law after due notice to all the affected parties. The Municipal Commissioner may conclude the inquiry preferably within a period of four months from the receipt of a certified copy of this order. We clarify that nothing contained in this order would amount to an expression of opinion by the Court on the merits of the allegations. 3. The petition is accordingly disposed of. There shall be no order as to costs.