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2005 Supreme(All) 1323

DILIP GUPTA
JANAK SINGH YADAV – Appellant
Versus
STATE OF U. P. MINISTRY OF IRRIGATION, U. P. GOVT. LUCKNOW – Respondent


Advocates Appeared:
Rajendra Jaiswal, Ramendra Asthana

B. S. CHAUHAN, J.

( 1 ) WHILE approaching the court for equitable reliefs, it has been contended by the petitioners that they had occupied the public land, becoming the law unto themselves, and thus, cannot be evicted without following the procedure prescribed by law. Some modes have been suggested by them, i. e. to initiate proceedings under the Public Premises (Eviction of unauthorised Occupants) Act, 1972 (hereinafter called the Act 1972) or U. P. Urban planning and Development Act, 1973 (hereinafter called the Act 1973 ). In such a factual matrix, the question does arise as to whether a person who has the audacity to encroach upon the Public Land, can seek such a relief from the equity Court.

( 2 ) THE facts and circumstances giving rise to this case are that there are 85 petitioners in this writ petition and all of them have constructed their houses on the public land, without having any allotment in their favour. They have been issued ration cards, and are paying the water taxes and electricity dues regularly. Land belonged to the Irrigation Department of the State of U. P. as is evident from the notice. Instead of regularising their occupation, the Encroachment removal Drive










































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