Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:90541-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1411 of 2025 Petitioner :- Pushpendra Kumar Respondent :- State of U.P. and 4 others Counsel for Petitioner :- Rahul Kumar Jadaun Counsel for Respondent :- S.C., Akanksha Sharma Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
1. This petition purportedly in public interest has been filed by the petitioner inter alia seeking a direction to the respondents to clear the pubic land recorded as 'Khaliyan' in Gata No. 365Mi, Nagar Panchayat Kadaura, Tehsil Kalpi, District Jalaun from the purported illegal occupants.
2. A perusal of the petition indicates that the petitioner has earlier approached this Court by filing PIL No. 1148 of 2023 wherein, the Standing Counsel came up with the instructions that the proceedings of removal of encroachment have been initiated.
3. The grievance now raised is that despite passage of sufficient long time, encroachments have not been removed and, therefore, the respondents be directed to remove the encroachment.
4. A perusal of the petition indicates that the houses in question apparently have been constructed for lower strata of people under the Pradhan Mantri Awas Yojana. None of the persons, who are residents and their houses are sought to be demolished by filing the present petition, have been impleaded as party.
5. Submissions have been made that there are large number of people and, therefore, they have not been impleaded.
6. Merely because the number of persons is large, it does not obviate the requirement to hear the affected people.
7. Besides the above, once the respondents have initiated the proceedings, the petitioner has not cared to seek any information from the Nagar Panchayat pertaining to the stage of the proceedings initiated by them and has rushed to this Court.
8. Consequently, we do not find any good reason to entertain the present PIL, the same is, therefore, dismissed leaving it open for the respondents-Nagar Panchayat to take the proceedings initiated by it to its logical conclusion. Order Date :- 27.5.2025 Sandeep/SL (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- SANDEEP KUMAR High Court of Judicature at Allahabad