Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 44506 of 2016 Petitioner :- Society For Voice Of Human Rights And Justice And 2 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ravindra Nath Yadav,Abhishek Kumar Yadav Counsel for Respondent :- C.S.C.,Anoop Trivedi,Lal Sahab Yadav,M J Akhtar,Mahendra Pratap,Pradeep Kumar Rai,Shiv Sagar Singh,Shivam Yadav,Subhash Chandra Pandey
Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
This petition for writ said to be filed in public interest is before us with the prayer as follows:-
"I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents/authorities to take immediate actions against the persons who are making the construction at the Plot No. B182 Khasra No. 1666 area 0.080 Hectare at the Nagar Nigam Land situated in Village Pasauda, District Ghaziabad.
II. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents/authorities to be restrained the respondent nos. 5 to 7 from making any construction at the public utility land at the Plot No. B-182 Khasra No. 1666 area 0.080 Hectare belonged to the Nagar Nigam, Ghaziabad and the demolish the entire illegal constructions made at the nagar nigam land i.e. Plot No. B-182 Khasra No. 1666 area 0.080 Hectare.
III. Issue a writ, order or direction in the nature of mandamus commanding and directing a competent Authority to conduct an enquiry and take appropriate actions against the officials colluded in the construction of building at the Nagar Nigam Land i.e. Plot No. B- 182, Khasra No. 1666 area 0.080 Hectare and take appropriate actions against them including the lodging the first information report as well as initiation of disciplinary proceedings."
Petitioner no. 1 is said to be a Society registered under the Societies Registration Act, 1860 and petitioner nos. 2 and 3 are said to be its Office bears.
From perusal of the prayer clause, it is apparent that the petitioners are desirous to have an appropriate order for demolition of construction said to be unauthrolisedly made on the land owned by Nagar Nigam.
The petitioners for redressal of grievance may agitate their cause by way of approaching the Officers of the Nagar Nigam, Ghaziabad. It is relevant to note that the Nagar Nigam is also making demarcation of land in dispute and, while doing so, the petitioner as well as other persons interested may place their version before the Authority concerned.
Under Article 226 of the Constitution of India, we would not like to examine the issue said to be agitated as there may be several complicated and disputed questions of facts.
The writ petition is dismissed.
Order Date :- 22.2.2019 Shubham .
(Saurabh Shyam Shamshery, J.) (Govind Mathur, C.J.)