HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 1067 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. 1.Vakalatnama filed today by Shri Saurabh Yadav, Advocate on behalf of Lucknow Development Authority is taken on record. 2. Heard. 3. Learned Counsel for the Nagar Nigam, Lucknow accepts the fact that there is an encroachment on the lane/road mentioned in the relief clause. According to him, some encroachment have been removed but more is required to be done and he also says that the said lane/road has been handed over to the Public Works Department of the State Government which has not been arrayed as a party in the petition, however, it is not very clear as to for what purpose the Public Works Department has been handed over the road. If it is only for the purpose of repair and maintenance then that by itself will not absolve the Nagar Nigam, Lucknow from performing its statutory obligation which includes removal of encroachment from streets within the municipal area under Section 296 and such other provisions of the Municipal Corporation Act, 1959 as may be applicable, therefore, firstly, the Municipal Commissioner, Lucknow should look into the matter or get it looked into by some responsible subordinate officer, determine as to whether the obligation to remove the encroachment is that of the Nagar Nigam, Lucknow or not, if it is, then he shall do the needful as per law, however, if he finds that the obligation is Versus Counsel for Petitioner(s) : Shiv Sinha, Raghunath Dubey Counsel for Respondent(s) : C.S.C., Namit Sharma, Ratnesh Chandra Vishal Singh .....Petitioner(s) State Of U.P. Thru. Chief Secy./Chairman State Level Anti Bhoo Mafia Committee And 11 Others .....Respondent(s) of the Public Works Department, he will communicate the entire matter to the Public Works Department, which shall do the needful. In either eventuality, the encroacher's version should be taken before proceeding further subject to any legal impediment. 4. With the aforesaid observations/directions, the writ petition is disposed of. October 10, 2025 -Piyush- WPIL No. 1067 of 2025 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench