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2014 Supreme(All) 949

IMTIYAZ MURTAZA, DEVENDRA KUMAR UPADHYAYA
OM PRAKASH VERMA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Subodh Kumar Verma, Bhoj Raj Singh, Prabhakar Nath Mishra, Deependra Singh, G.K. Pandey, R.K. Shukla, Mohan Singh, Ram Bali Tiwari, Rakesh Kumar Modanwal, Nitin Srivastava, Awadhesh Kumar Singh, Onkar Pandey, Mohammad Shahan, Dilshad Ahmad Siddiqui, Ram Sajivan Verma, Narendra Kumar, Dhirendra Kumar Mishra, Amit Srivastava, D.P. Gupta, R.C. Gupta, Sanjai Srivastava, Murli Manohar Srivastava, Syed G.H. Rizvi, U.S. Sahai, Alok Kumar Verma, Tushar Verma, J.P. Mathur, Dinesh Kumar Shukla, Amol Kumar, Anuj Dayal, Durgesh Awasthi ‘Vikas’, Sachin Tiwari, Nazmul Hasan, Komal Prasad Tiwari, Ashutosh Nigam, Sachin Tiwari, Raj Kumar Mishra, Priya Paul, Sachin Pandey, Amit Pathak, M.N. Misra, Parijaat Belaura, Prem Shanker Shukla, Ankur Shukla, Sunil Pandey, Amar Nath Dubey, A.N. Misra, Awadhesh Kumar Tiwari, Aashish Srivastava, M. Ahsan Faridi, Harikesh Kumar Sharma, Anil Kumar Mishra and Abhay Singh for the Petitioners; C.S.C., Yogendra Nath Yadav, Jai Kumar, Azad Khan, R.N. Gupta, Chandra Shekhar Pandey, Manoj Sahu and Abhay Singh for the Respondents.

JUDGMENT

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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