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2025 DAILYLAW 199269 (ALL)

RAJEEV TIWARI v. STATE OF U.P. THRU CHIEF SECY. and 9 ORS.

WPIL/3599/2007 · 2025-10-10

Rajan Roy, Rajeev Bharti

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 3599 of 2007 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. 1. None appears for the petitioner to press this PIL 2. This P.I.L. was filed in the year 2007 seeking the following reliefs:- "(i) Issue a suitable writ, order or direction or a writ in the nature of mandamus commanding all the local bodies, authorities, government functionaries, development authorities and Opposite Parties to restore and maintain the lakes, ponds, water bodies, hilltops and water reservoirs etc. (ii) Issue a writ, order or direction in the nature of mandamus directing the Opposite Parties and other authorities working under them or created under any statute to restore and maintain the lakes, ponds, water bodies, hilltops and water reservoirs etc within their respective jurisdiction. (iii) Issue a writ, order or direction in the nature of mandamus directing the Opposite Parties to cancel the allotment and take possession of the constructions on the land belonging to lakes, ponds, water bodies, hilltops and water reservoirs etc within their respective jurisdiction. (iv) Issue a writ, order or direction in the nature of mandamus directing the Opposite Parties to remove the encroachments over the land belonging to lakes, ponds, water bodies, hilltops and water reservoirs etc within their respective jurisdiction. (v) Issue a writ, order or direction in the nature of mandamus restraining the Opposite Parties from approving/ sanctioning any plan or map over the land belong to natural water reservoirs in any form and if approved to cancel the same. Versus Counsel for Petitioner(s) : Shobhit Mohan Shukla Counsel for Respondent(s) : C.S.C. Rajeev Tiwari .....Petitioner(s) State Of U.P. Thru Chief Secy. And 9 Ors. .....Respondent(s) (vi) Issue a suitable writ, order or direction or a writ in the nature of mandamus commanding all the local bodies, authorities, government functionaries, development authorities and Opposite Parties to make compulsory the water harvesting by the state agencies and private persons, bodies, builders & colonizers. (vii) Issue a writ, order or direction in the nature of mandamus commanding the Opposite Parties to ensure that all concerned local bodies/ authorities and government instrumentalities for the preservation and restoration of the lakes, ponds, water bodies, hilltops and water reservoirs etc. (viii) Issue a writ, order or direction in the nature of mandamus commanding the Opposite Parties to ensure that all concerned local bodies/ authorities and government instrumentalities to maintain the lakes, ponds, water bodies, water reservoirs in any form in a proper manner and to keep them unpolluted and their use as a source of water harvesting be ensure. (ix) Issue a writ order or direction in the nature of mandamus directing the Opposite Parties to recover the cost of land at present market value of the area of lakes, ponds etc. encroached by constructing permanent structures demolition of which is not desirable for any reason and create a fund from such receipt for development of new water bodies. (x) Issue any other writ, order or direction, which this Hon'ble Court may deem appropriate in the facts of the case. (xi) Allow writ with costs." 3. Essentially the issue was with regard to ground water level. Now the U.P. Ground Water (Management and Regulation) Act, 2019 (hereinafter referred to as 'Act 2019') has been formulated. Whatever obligations upon the authorities mentioned therein that will be discharged by them as per law so as to achieve the object for which the Act 2019 had been formulated. If any specific instance of any illegality is pointed out in future then we can consider it, but we fail to understand as to how such omnibus reliefs can be considered or granted without reference to any particular incident or data. Moreover, the petition was filed in 2007. We are now in 2025, therefore, if there is any fresh cause, a separate PIL can be maintained with specific pleadings. 4. Disposed of accordingly. October 10, 2025 Anand/- WPIL No. 3599 of 2007 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench