RAMESH CHANDRA YADAV v. STATE OF U.P. AND 4 OTHERS
WPIL/2174/2025 · 2025-08-18
Manoj Kumar Gupta, Ram Manohar Narayan Mishra
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 84830 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84830 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:140900-DB Court No. - 21 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2174 of 2025 Petitioner :- Ramesh Chandra Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- D.K.Tripathi Counsel for Respondent :- C.S.C.,Santoosh Kumar Dwivedi Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The present petition, styled as a P.I.L., is for issuing direction to the respondent-authorities to remove encroachment made by private respondent No. 5 on the river belt of river Morwa. 2. The case of the petitioner is that respondent No. 5 has constructed a boundary wall by encroaching 0.015 hectare of land of the river belt. In support of the submission, reliance has been placed on the report of S.D.M. dated 28.05.2025 to the District Magistrate, Bhadohi. In the said report, there is reference to a letter dated 14.05.2025 written to the Bhadohi Industrial Development Authority (BIDA) for taking necessary action in the matter. 3. Learned counsel appearing on behalf of Bhadohi Industrial Development Authority (respondent No. 4) has placed on record the written instructions received from the Authority. According to it, notice was issued to respondent No. 5 on 07.05.2025 under Sections 9 & 10 of U.P. Industrial Area Development Act, 1976. On 08.05.2025, notice was issued to respondent No. 5 to stop the construction activity and demolish the boundary wall. On 10.07.2025, respondent No. 5 is stated to have submitted an application for sanction of a building plan. On 25.07.2025, objections have been made to the building plan by BIDA. The objections have yet not been removed. It is further stated that on 17.08.2025, a joint team of the Authority and Revenue Officials has carried out demarcation and marked the offending wall with red colour. It is further stated that further action in the matter is being undertaken. 4. In view of the aforesaid stand of respondent No. 4, we are of the opinion that no further direction is required to be issued at this stage except for the observation that the proceedings which have
already been initiated be taken to their logical conclusion expeditiously. In case, there is any other encroachment also, as is submitted by learned counsel for the petitioner, the same shall also be examined by the Development Authority and necessary action in accordance with law will be taken. 5. The petition stands disposed of, accordingly.
Order Date :- 19.8.2025 Mukesh Kr. (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad