HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 24227 of 2014 Court No. - 2 HON'BLE ATUL SREEDHARAN, J. HON'BLE SIDDHARTH NANDAN, J. 1. Heard Sri R.S. Kushwaha, learned counsel for the petitioner and Ms. Priyanka Midha, learned Additional Chief Standing Counsel along with Ms. Kritika Singh, learned Additional Chief Standing Counsel for the State. 2. The aforesaid PIL was filed seeking removal of encroachment over plot No.138Ga-M (3.6760 hectare), 139M (0.0100 hectare), 144M (0.1260 hectare), 160M (1.3910 hectare) situated in Village Khilchi Rajdiha, Pargana Keramgaror, Tehsil Chakiya, District Chandauli. 3. Ms. Kritika Singh, learned Additional Chief Standing Counsel has filed an affidavit which is taken on record. 4. On perusal of the affidavit in which copy of the Khatauni has been annexed for the Fasli year 1427-1422 and also the order dated 24.02.2022 passed by the SDO which indicate that the order dated 23.04.1997/25.04.1997 by way of which the category of plot No.148-Ga (1- 00) was changed, has been set aside in a proceeding under Section 38(1) of the U.P. Revenue code, 2006 and as a consequence, the said plots are restored in the category of Tal (category 6-2) and thereafter proceeding under Section 67 has been initiated against the person who are found to be in unauthorized of occupation, over the land in question. She has further submitted that out of the total 58 encroachers, 13 have already been removed; and remaining 45 encroachers have though preferred a restoration application, the said proceedings are pending consideration before the Tehsildar, Chakiya. Versus Counsel for Petitioner(s) : K.K. Singh, Prashant Kumar Tripathi, R.S. Kushwaha Counsel for Respondent(s) : C.S.C., Dharmendra Pratap Singh Ram Bachan Singh .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 5. In view of the aforesaid affidavit, we do not find it appropriate to keep the present PIL pending as the concerned authorities are already ceased with the matter. However, we make it clear that the proceedings under 67(1) of the U.P. Revenue Code shall be brought to it's logical end, expeditiously and preferably within a period of six months from today, unless there is some legal impediment. 6. However, before parting with the aforesaid case, we would also like to observe, in view of what has been stated by the State in its affidavit that the remaining 45 encroachers are landless poor persons and who have made their temporary constructions and we find that right to shelter being a fundamental right and the State also, in its duty to enforce directive principals of State policy, is required to provide shelter to such landless poor persons; and the U.P. Revenue Code, 2006 also makes provision for allotment of Aabadi Sites under Section 63 of the Code, 2006; and Section 64 of the Code, 2006 provides the order of preference which shall be observed in making allotment of land referred to in Section 63. For ready reference Sections 63 & 64 of the Code, 2006 are reproduced hereinbelow: "63. Land which may be allotted for abadi sites- (1) The Sub-Divisional officer may of his own motion or on the resolution of the Bhumi Prabandhak Samiti earmark the following classes of land for the provision of abadi sites for allotment to persons specified in section 64:— (a) all lands entrusted or deemed to been trusted to a [Gram Panchayat] under clause (i) of sub-section (2) of section 59 ; (b) all lands coming into possession of [Gram Panchayat] under any other provision of this Code ; (2) Notwithstanding anything contained in any other provision of this Code or in the U. P. Panchayat Raj Act, 1947, the Bhumi Prabandhak Samiti may, with the previous approval of the Sub-Divisional Officer, allot the following classes of land for the purposes of building houses :— (a) [any vacant land referred to in sub-section (1) ] ; (b) any land earmarked for abadi sites under the Uttar Pradesh Consolidation of Holdings Act, 1953 ; (c) any land acquired under the provisions of Land Acquisition Act, 1894 (Act no. 1 of 1894) and The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, WPIL No. 24227 of 2014 2 2013 (Act no. 30 of 2013) 64. Allotment of abadi sites- (1) The following order of preference shall be observed in making allotment of land referred to section 63 :— (a) an agricultural labourer or a village artisan residing in the [Gram Sabha] and belonging to a scheduled caste or scheduled tribe or other backward Classes or a person of general category living below poverty line as determined by the State Government. (b) any other agricultural labourer or a village artisan residing in the [Gram Sabha]. (c) any other person residing in the [Gram Sabha] and belonging to a scheduled caste or scheduled tribe or other Backward Classes or a person of general category living below poverty line as determined by the State Government ; Provided that preference will be given to widow and physically handicapped person within same category. Explanation— For the purposes of this sub-section — (1) “other backward class” means the backward classes of citizens specified in Schedule-1 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (U. P. Act No. 4 of 1994) (2) “person of general category living below poverty line” means such persons as may be determined from time to time by the State Government. (2) In making an allotment under this section, preference shall be given to a person who either holds no house or has insufficient accommodation considering the requirement of his family. (3) Every land allotted under this section shall be held by the allottee on such terms and conditions as may be prescribed [:] [ Provided that if the allottee is a married man and his wife is alive she shall be co-allottee of equal share in the and so allotted. ]" 7. The Court is cognizant of the fact that removing an encroachment, though over a public land is a necessity for the State to conduct its affair but at the same time, the object cannot be to uproot an individual and take away his right to shelter and to restore the State land. We find it the State duty also to rehabilitate or provide a shelter to such landless and poor persons, as per law WPIL No. 24227 of 2014 3 and depending on the factual position. 8. In view of the aforesaid and the statement of the State that in case they find it absolutely necessary to evict the said landless persons over the encroached land of the State, they may also consider making allotment in view of the provisions under the U.P. Revenue Code, more specifically under Section 63 read with Section 64 of the Code, the PIL stands disposed of. March 18, 2026 R.S. Tiwari WPIL No. 24227 of 2014 4 (Siddharth Nandan,J.) (Atul Sreedharan,J.) Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad