Neutral Citation No. - 2025:AHC:110211 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 868 of 2025 Petitioner :- Shyam Lal Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Sandeep Kumar Dwivedi Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble J.J. Munir,J. Heard Mr. Virendra Prashad Maurya, learned Counsel holding brief of Mr. Sandeep Kumar Dwivedi, learned Counsel for the petitioner, Mr. Azad Rai, learned Counsel for the Gaon Sabha and Mr. S. C. Upadhyay, learned Standing Counsel on behalf of the State. The Bench Secretary, under orders of this Court, opened the secured envelope carrying the Commissioner's report, to whom we had issued a Commission on 01.07.2025. He has placed the papers before us, which carry the Commission's report together with a pen drive also with proceedings of the Commission. The commission report is dated 07.07.2025. There are minutes of inspection besides annexed papers, which include a map identifying the plot using the total station method and a report of the Survey Amin employing the three fixed point method. We have perused the Commission report where the learned Commissioner has said in the minutes of inspection, which is also his report, that on 05.07.2025, the Commission could not be executed because of persistent rainfall, water logging and onset of dusk. He has noted that the engineers advised that identification of the plots employing the total station method would take 4 to 5 hours, which was not possible on that day. Likewise, execution of the survey commission would also take the same period of time in locating three fixed points. Accordingly, the learned Commissioner rightly decided to adjourn proceedings of the commission to the following day, i.e. 06.07.2025. On 06.07.2025, the commission was executed and employing the specific methods. The land in dispute comprising Plot No. 319 was identified. The learned Commissioner has reported that 70% of the area comprises wet land. In the remainder of the area that is habitable, he could see recently demolished structures, including houses and toilet. The debris was still lying in situ. There were about in all 7 demolished mud-houses and 8 toilets built of concrete. The Commissioner has reported the fact that the Tehsildar informed him that three houses belonging to Devraj, Rajnish and Nebulal located at the far end of Plot No. 319 are yet to be demolished. Legal proceedings initiated for the removal of these encroachment are under way. The Commissioner has also noted that the demolitions were carried out on 05.05.2025 and 06.05.2025. The measurement of the plot was carried out by the Revenue team, led by the Tehsildar, employing a Zareeb. Three reference stones installed by the Revenue Department at three corners of the Village were identified to be used as fixed points at the instances of the engineers from the P.W.D., who took the services of Mr. Krishna Yadav, a freelance engineer, who conducted the survey using the automated total station method, and, subsequently, generated a measurement report. Learned Counsel for the petitioner submits that before the Commission went to spot, the encroachments were there. This stand of the learned Counsel for the petitioner is supported by learned Counsel for the Gaon Sabha. Both Counsel say, however, that before the Commission reached the spot, the demolitions were carried out. Be that as it may. Both learned Counsel for the petitioner and the Gaon Sabha are ad idem that now there are no encroachments in Plot No. 319 with regard to which orders of eviction had been passed. This does not include those persons against whom proceedings are still pending. In this view of the matter, the Commission report is accepted. No further orders are required to be made in this petition. It is consigned to record. Order Date :- 10.7.2025 Vijay Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad