Court No. - 40
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4671 of 2018 Petitioner :- Wasiuddin Junaidi Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Adil Jamal Counsel for Respondent :- C.S.C.,Vivek Verma
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
The petitioner is aggrieved for inaction on the part of the respondent-authorities from removing unauthorized encroachment in Ward No. 66 between Dada Pan Shop to Pokherpur Farm House near Madina Masjid Chauraha, K.D.A. Colony, Kanpur Nagar. He asserts that he has though made application in this regard to the authorities and yet the authorities have expressed their inability to remove the encroahment and resultantly none of the unauthorized occupants from the public road could be removed on a count of non availability or support of the police force. In this regard, we find that the Zonal Officer of Nagar Nigam, Kanpur Nagar had already written Senior Superintendent of Police to provide adequate police force so that the unauthorized encroachment can be removed from the public road.
In the above facts and circumstances, we direct respondent nos. 2 to 5, 8 and 9 to take immediate steps for removing the unauthorized encroachment by helping out the Nagar Nigam in getting the public road cleared from the unauthorized encroacher. The entire exercise should be carried out by the respondent-authorities as expeditiously as possible within a period of three months from the date of the production of certified copy of this order. Needless to add, the action shall be taken strictly in accordance with law.
The writ petition stands disposed of with the aforesaid observations and direction.
Order Date :- 31.10.2018 S.Chaurasia