Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3123 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J.
1. This petition, purportedly in public interest, has been filed by the petitioner seeking a direction to the appropriate authorities to take action against respondent no.5 for the alleged illegal encroachment and construction of house in public utility land (park) situated in Godwin Estate Colony at Sofipur, Tehsil Sadar, District Meerut.
2. Submissions have been made that the plot in question is indicated as park in one of the transfer deeds, however, the same has been sold by the builder to respondent no.5, who is raising construction over the said plot and therefore, the respondents be directed to take appropriate action against the said encroachment.
3. A perusal of the petition indicates that the petitioner has filed certain pictures indicating construction, however, from the perusal of the pictures, the existence of park of any nature is belied.
4. Besides the above, though averments have been made that in the revenue record, the land in question is recorded as park, no material, worth the name including the said revenue record, has been produced by the petitioner in the petition.
5. Counsel for the petitioner attempted to make submissions with reference to judgment of Hon'ble Supreme Court in Hinch Lal Tiwari Vs. Kamala Devi & Ors. : AIR 2001 SC 3215 in relation to protection Versus Counsel for Petitioner(s) : Deepak Kumar Pandey, Mukesh Kumar Pandey Counsel for Respondent(s) : Ankit Gaur (S.C.) Rajpal Singh .....Petitioner(s) State of U.P. and 5 others .....Respondent(s)
of the public utility land, however, the said judgment cannot be applied without adequate foundation/material on record.
6. The petitioner has failed to produce any material substantiating the submissions made in the petition, no case for entertaining the present PIL is made out. The same is therefore, dismissed. October 7, 2025 AHA/Sazia WPIL No. 3123 of 2025 2 (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad