HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 568 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 removal of alleged illegal construction of 'Barat Ghar' being constructed by respondent no. 6/Nagar Panchayat over Gata no. 1773 area 0.2510 hectare situated in Mohalla Soro Gate, Kasba Purdil Nagar, Tehsil Sikandrarau, District Hathras. 2. Submission has been made that land in question is recorded in the revenue record as 'Navin Parti' and in 'Akaarpatra-45', 'Harizan Abadi Surakshit', however, 'Barat Ghar' is sought to be constructed thereon. 3. This Court sought respondents to file response to the allegations made and stayed further construction of the Barat Ghar over the land in question. 4. A counter affidavit has been filed inter-alia indicating that under the resolution passed by the Nagar Panchayat, after getting the land in question, which was in illegal occupation inter-alia of the petitioner vacated, the construction of 'Barat Ghar' was started. Further allegations have been made that after the Court directed the respondents not to proceed further with the construction, the land which was got vacated from the illegal occupants, including the petitioner, has again been occupied by them for which a notice has been issued to them for vacating the land. Versus Counsel for Petitioner(s) : Pushpendra Kumar, Ramdhan Counsel for Respondent(s) : Akansha Sharma, S.C., Sahab Tiwari, Saurabh Tiwari Anshul Kumar .....Petitioner(s) State of U.P. and 5 others .....Respondent(s) 5. Along with the affidavit, pictures indicating the pre-occupied land, the land got vacated and again occupied have been produced and the notices issued in this regard have been produced. 6. Counsel for the petitioner attempted to make submissions that petitioner has not occupied the land and the allegations made that he has permitted someone else to occupy the land are factually incorrect. 7. We have considered the submissions made by counsel for the parties and perused the material available on record. 8. It is not in dispute that land in question has been recorded in the revenue record as 'Navin Parti' and in 'Akaarpatra-45' under the U.P. Consolidation of Holdings Act, the same has been indicated as 'Harizan Abadi Surakshit'. It is also not in dispute that the land in question was in illegal occupation of the encroachers and the respondent-Nagar Panchayat, got the same cleared and after passing of resolution decided to construct a 'Barat Ghar' for which the claim made is that the same would be put to use by the people belonging to the category for which the land was reserved. 9. This Court by order dated 02.04.2025 required the respondent to place on record further material to justify clearing of 'Harizan Abadi' as was alleged by the petitioner and raising of 'Barat Ghar' and placing on record the map pertaining to the said construction and on that date status-quo was ordered to be maintained and knowing likelihood of petitioner's misusing the order, the petitioner was also directed not to encroach over the land in question. 10. However, the apprehension of the Court has come true as has been reflected in the counter affidavit, wherein the land cleared on which the construction was being undertaken, has now been occupied by the encroachers, though the allegations by the respondent is that the same has been encroached by the petitioner with the aid of others, the petitioner denies the same. However, the fact that the land has been re-encroached is not in dispute and is well established from the pictures as well as notice issued to the occupants. WPIL No. 568 of 2025 2 11. In that view of the matter, apparently filing of the Public Interest Litigation cannot be termed bona-fide. 12. The orders passed by the Court despite specific indications of not encroaching has been misused and land has again been encroached, which action cannot be countenanced, approved or supported. 13. Consequently, the petition is dismissed. The respondent-Nagar Panchayat would be free to get possession of the land by removing the encroachments with the aid of the district administration including the police and continue with the construction of the 'Barat Ghar' as proposed. September 11, 2025 nd WPIL No. 568 of 2025 3 (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- NISITH DEY High Court of Judicature at Allahabad