HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 1115 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. (1) Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent no.1 and Shri Namit Sharma, who appears on behalf of the Respondent nos.2, 3 and 4. (2) This petition has been filed by the petitioner for the following main prayers:- "I. Issue a writ, order or direction in the nature of Mandamus commanding and directing to the Opposite parties to demolish the illegal encroachment and construction over the sliding gate (Cemented Structure) as well as the Iron made sliding gate of Samriddhi Colony Udyan-II, Ward- Sharda Nagar-II, Lucknow (Nagar Nigam Lucknow, Zone-8) (contained in Annexure No.2) in the interest of justice. II. Issue a writ, order or direction in the nature of Mandamus commanding and directing the Respondent nos.1 to 4 to ensure that the public road is forthwith cleared of all private parking and encroachments and that it is maintained solely for legitimate public use and movement." Versus Counsel for Petitioner(s) : Sarjoo Ram, Mamta Rawat, Rachna Shukla, Suyagya Pandey, Ved Prakash Sharma Counsel for Respondent(s) : C.S.C., Namit Sharma Ram Pravesh Nishad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Urban Development Lko. And 4 Others .....Respondent(s) (3) It is a case of the petitioner that he is a resident of Samriddhi an Apartment, Eldeco Udyan-II, Raebareli Road, Lucknow, and after purchase of a house in the said residential colony, it has come to his notice that Nagar Nigam has now taken over the supervision of the Colony as it has been handed over by the LDA which has initially sanctioned the Lay Out Plan for the same. The Resident Welfare Association, the Respondent no.5, has constructed a sliding metal gate with cemented pillars at the entrance of the Colony. The Gate is designed in such a manner that when it is slid open, only one side of the road remains accessible, effectively closing the other side. The width and height of the gate constructed by the RWA is of such an area that it hinders the convenience and timely entry of Government Vehicles including Fire Tenders and Ambulances etc. in case, an emergency arises. Because of the sliding of this gate a portion of the public road remains closed. (4) It has been submitted that the petitioner has other grievances as well with regard to the use of park maintained inside the residential colony, the Cricket or Football and other sports have not been allowed to be played by the children. As a result, the children of the colony are forced to play on public road within the colony thereby exposing themselves to significant safety hazards and potential accidents. (5) The petitioner has given an application to the Respondent no.5, Resident Welfare Association, and then RWA Secretary and also the Nagar Ayukta regarding the illegal construction of sliding gate with cemented pillars and other grievances relating to the effective use of the amenities provided in the residential colony only because of Resolution passed by the Resident Welfare Association. Nothing has been done in the matter and therefore, this petition has been filed with the aforesaid prayers. (6) On a specific query being made by the Court regarding whether the Public Interest Litigation was maintainable as the petitioner has his own private interest also in the prayer made in the writ petition, the counsel for the petitioner has submitted that not only the WPIL No. 1115 of 2025 2 petitioner is affected, other residents of the residential colony are also affected. Moreover, Public roads are being closed for no reason at all by the Respondent no.5. (7) We, therefore, entertain this petition. (8) We have asked Shri Namit Sharma whether the instructions are available with him, he says that instructions have not been made available but from a perusal of the pleadings on record, it appears that the petitioner has a genuine grievance which will be looked into taking into account the Lay Out Plan of the residential colony. (9) This petition is finally disposed of with a direction to the Respondent no.3-Zonal Officer, Zone-8, Nagar Nigam, Lucknow, U.P., to look into the grievance of the petitioner and also give opportunity of hearing to the Resident Welfare Association and then take appropriate steps for removal of encroachment or obstruction, if any, on public roads. The Competent Authority may pass a reasoned and speaking order, in case, difficulty is being faced by all residents of the Society in question. November 10, 2025 N.PAL WPIL No. 1115 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench