Ekhlak Khan v. State of U. P. Thru. Prin. Secy. (Revenue)Uttar Pradesh
2016-04-22
ASHOK PAL SINGH, NARAYAN SHUKLA
body2016
DigiLaw.ai
JUDGMENT The petitioner has prayed for issuance of a writ in the nature of Mandamus commanding respondent nos.1,2 and 3 to take appropriate steps to re-develop and re-store Khasra No.594 admeasuring 0.468 hectore, Khasra No.603 admeasuring about 1.265 hectare, Khasra No.597 admeasuring about 0.253 hectare which is recorded as Khalihan, whereas Khasra No.567 admeasuring about 1.357 hectare, Khasra No.72 admeasuring about 0.307 hectare, Khasra No.526 admeasuring about 114 hectare, Khasra No.68 admeasuring about 0.218 hectare, Khasra No.66 admeasuring 0.323 hectare as pond in Gram Khushal Ganj, Pargana Kakori, Tehsil Lucknow (now Sarojini Nagar), District Lucknow in order to maintain ecological balance and provide better environment and also prevent ecological disaster. 2. Having regard to the judgment of the Supreme Court in Jagpal Singh & Ors. vs. State of Punjab & Ors., AIR 2011 SC 1123 , an earlier public interest litigation was disposed of by a Division Bench of this Court in the case of Prem Singh Vs. The State of U.P. & Ors., 2012 (11) ADJ 404 . 3. In consequence, we direct that the petitioner would be at liberty to approach the concerned respondent with a certified copy of this order so that an appropriate inquiry can be initiated and required action be taken in accordance with law to protect the public pond in accordance with law laid down by the Supreme Court. We expect that this exercise should be completed expeditiously. 4. The petition is, accordingly, disposed of. There shall be no order as to costs.