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2025 DAILYLAW 73537 (ALL)

ASHUTOSH TIWARI AND 5 OTHERS v. STATE OF U.P. AND 3 OTHERS

WPIL/1729/2025 · 2025-07-10

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:111445-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1729 of 2025 Petitioner :- Ashutosh Tiwari and 5 others Respondent :- State of U.P. and 3 others Counsel for Petitioner :- Aditendra Singh, Divyansh Rai, Vinod Kumar Singh Counsel for Respondent :- Ramanand Pandey, A.C.S.C. Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This writ petition purportedly in the public interest has been filed by the petitioner aggrieved of the communication dated 03.07.2025 sent by the Executive Engineer to the Additional Police Commissioner, Police Commissionerate, Kanpur Nagar inter alia seeking police force for demolition of illegal bridge constructed at 12.500 Kilometer at Rajvaah Halvakhanda. 2. Submissions have been made that though two bridges over the canal/river exist, as the condition of the said bridges is so dilapidated that the villagers by pooling the funds have constructed another bridge. However, the same is sought to be demolished by the respondents, which is not justified. Submissions have been made that on one hand two bridges, constructed by the State, are not in good condition, the present bridge constructed by the villagers, which is being used by them, is sought to be demolished, which is not justified and, therefore, the respondents be restrained from demolishing the said bridge. 3. Instructions have been produced by the respondents inter alia indicating that the two existing bridges, are already functional, which are at 1140 meter and 390 meter, upstream and downstream respectively. The instructions pertaining to construction of bridges provide that there must be a minimum distance of one kilometer between the two bridges. Further indications have been made that the illegal bridge, has been constructed by the private colonizers by active support of the Junior Engineer and Assistant Engineer, against whom disciplinary proceedings have already been taken. The construction of the bridge being wholly illegal, the petition deserves dismissal. 4. We have considered the submissions made by counsel for the parties and have perused the material available on record. 5. At the outset, it may be noticed that it is the case of the petitioners themselves that the bridge has been illegally constructed i.e. without any authority in this regard using the government land and raising construction without any permission from the authorities. 6. The plea raised in para-13 of the petition, is that in the year 2020, the villagers collected money among themselves for building a new bridge along the canal, an expert construction agency was given the task to complete the bridge and the same was built after pooling lakhs of rupees by the villagers. The bridge was built as per the standards of bridge building and is being used by the villagers. 7. The indication made on its face appears to be made up inasmuch as no indication has been made as to how and in what manner, the amount of lakhs of rupees was pooled and who and which agency was engaged for construction of the bridge and by whom the payment was made. The petitioners, who have filed the petition, do not claim that they were part of the group, who had collected the funds and made payment. Further the indication made in the instructions, appears to be correct that the construction has been got done by the colonizers for the purpose of providing illegal additional access to the colonies. 8. The action of the petitioners, who apparently have lent their names for the purposes of filing of the petition, is also apparent from the nature of purported representations filed at Annexure-3, which are omnibus and they claim to be of the years 2018, 2019 and 2020. When counsel for the petitioners was required to produce the originals from which the photocopies have been prepared, it was indicated that they are in possession of the photocopies only. The representations on their own have been created only for the purpose of filing the present petition. 9. From the above discussions, the purported public interest litigation filed by the petitioners is not bona fide, the same is apparently at the behest of colonizers. No case for any interference is made out in the petition, wherein admittedly the bridge is illegally constructed. 10. The petition has no substance, the same is, therefore, dismissed. Order Date :- 11.7.2025 RK/Pkb (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad