Court No. - 40
Case :- WRIT - C No. - 27255 of 2021 Petitioner :- Smt. Sushma Respondent :- The District Magistrate And 3 Others Counsel for Petitioner :- Sheo Kinkar Singh,Suryaprakash Sharma Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Petitioner has approached this Court with the grievance that though amount under a Central Scheme has been sanctioned for construction of house but the authorities are not allowing the petitioner to raise construction. Taking cognizance of such grievance we called upon the learned Standing Counsel to obtain instructions.
Instructions have been received, which are taken on record. As per the instructions furnished, the petitioner is attempting to raise construction over the land which is recorded either as Talab or Khalihan. It is contended that in the event petitioner makes construction on her own land or applies for allotment, her claim can be considered by the authorities as per law.
We cannot allow the petitioner to raise construction on the land which is recorded either as Talab or Khalihan inasmuch as public utility land cannot used for private purposes. In the event petitioner has any old Abadi, recorded in the revenue record as such, the petitioner can always be permitted to raise construction or else the petitioner may apply for allotment of land for construction of house. Such factual issues can always be examined by the concerned S.D.M., at the first instance. We, therefore, permit the petitioner to approach the S.D.M. concerned who would get the facts enquired and would take an appropriate decision in light of our observations within two months.
Leaving it open for the petitioner to proceed in terms of the direction so issued by the S.D.M., this petition is disposed off.
Order Date :- 20.12.2021 Abhishek Singh