IMTIYAZ MURTAZA, DEVENDRA KUMAR UPADHYAYA
OM PRAKASH VERMA – Appellant
Versus
STATE OF U. P. – Respondent
Hon’ble D.K. Upadhyaya, J.—The question of law and facts in all the writ petitions of this bunch being the same, we propose to decide all the writ petitions by the following common judgement and order.
2. The issue engaging attention of this Court in all these matters relate to unauthorized/illegal occupation of gaon sabha land and eviction therefrom. It has been noticed time and again by this Court and even by the authorities of the State Government that the land vested with the management of gaon sabha is often encroached upon by the individuals who use the same in their personal interest and for their personal benefits. The issue relating to such illegal occupation has, thus, engaged attention even of the Hon’ble Apex Court. Way back on 25th July, 2001 delivering the judgement in a case relating to encroachment of ponds, Hon’ble Apex Court in the case of Hinch Lal Tiwari v. Kamla Devi and others, (2001) 6 SCC 496, has noticed that the material resources of the community like forests, tanks, ponds, hillocks and mountain etc. are nature’s bounty and they maintain delicate ecological balance, hence they need to be protected for a proper and healthy environment to enable peo
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