Hon'ble Manish Kumar,J.
Heard leaned counsel for the petitioner and learned State Counsel for the respondent nos. 1 to 4.
Under challenge in this writ petition is the notice dated 15-01-2021 issued by the Executive Engineer, Construction Division, Public Works Department, Ambedkar Nagar, whereby the petitioner has been ordered to remove certain illegal constructions/encroachments allegedly made by him on the road known as Malipur Jalalpur Ramgarh Road.
Submission of learned counsel for the petitioner is that the impugned notice does not disclose as to what is the extent of the alleged encroachment which the petitioner is required to remove.
Attention of this court has been drawn towards the report of the Area Lekhpal,Tehsil-Jalalpur, District-Ambedkar Nagar, which is annexed as Annexure No. 5 to the writ petition.
It has been stated by the learned counsel for the petitioner that as per the said report, petitioner's house is constructed on Gata No. 57 over an area of 0.015 hectare, situated in village-Ambarpur, Pargana-Surhurpurm, Tehsil-Jalalpur, district-Amebdkar Nagar, which is recorded as Abadi Land in the category 6(2) and further, in front of the house of the petitioner, the road exists. The said report further states that as per the revenue map, the petitioner has made encroachment over one and half feet on the road.
Learned State Counsel on the basis of instructions received from the Executive Engineer of the Public Works Department concerned has stated that in terms of the provisions contained in Uttar Pradesh Roadside Control Act, 1945, measurements were taken on the spot and illegal encroachments made by the petitioner were found on the road.
Having regard the overall facts and circumstances of the case, we dispose of this writ petition finally with a direction to the Executive Engineer concerned to take measurements in terms of the provisions contained in Uttar Pradesh Roadside Control Act, 1945 and any other law applicable in the presence of the petitioner and the revenue authorities. The Sub. Divisional Officer concerned shall nominate an officer not below the rank of a Naib Tehsildar to participate in the measurement to be taken by the Executive Engineer, Public Works Department concerned. The measurement shall be taken in presence of the petitioner.
To avoid any delay, we further direct that the measurement, as directed hereinabove, shall be made on 05-02-2021 at 10.00 A.M. and no further notice shall be issued to the petitioner as the petitioner already stands informed of the date of measurement by this order. After completing the measurement, the Executive Engineer shall serve an order informing the petitioner as to what extent the illegal encroachment has been made, which shall be removed by the petitioner within a week from the date of communication of the said order, failing which it shall be open the state respondents to take appropriate measures which may be necessary and permissible under law for removing such encroachment within two weeks thereafter.
With the aforesaid observations and directions, the writ petition is disposed of.
Order Date :- 29.1.2021 AKS