Court No. - 1
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1522 of 2020 Petitioner :- Harivaksh Singh Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Sanjay Kumar Pandey Counsel for Respondent :- C.S.C.,Azad Rai Hon'ble Vivek Agarwal,J.
Learned counsel for the petitioner submits that subordinate revenue authorities are not paying heed to encroachment being made on Khata No. 279 situated in village tehsil Teerva, district Kannauj which is a surplus land declared under the provisions of Urban Ceiling Act, 1976 and which has vested in the State, but in connivance of the private respondents are carrying out construction / encroachment over the said land. He submits that a direction be given to the Collector, Kannauj to cause an enquiry and take remedial action so to preserve the land of the State Government.
If that be so, petitioner is directed to approach the Collector, Kannauj with a copy of this petition and the computer generated copy of the order being passed today within 15 days from today. In case, the petitioner approaches the Collector with a copy of this petition, then the Collector shall consider representation made by the petitioner and shall cause an enquiry into the allegations of encroachment to be concluded within 30 days from the date of receipt of copy of the representation along with copy of order being passed today.
In case, it is found that there is any encroachment over the government land, shall cause to remove it within further period of 45 days and report the matter to the registry.
It is found that the allegations made by the petitioner are malafide and motivated and no encroachment is made on the government land as reported by the petitioner, then the Collector, Kannauj will be free to take appropriate action against the petitioner, as permissible under law.
With the aforesaid observations, this petition is disposed of.
Order Date :- 8.1.2021 Arif