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2016 Supreme(All) 528

D. Y. CHANDRACHUD, YASHWANT VARMA
DAYARAM YADAV – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Rajiv Lochan Shukla for the Petitioners; C.S.C. and Ram Babu Yadav for the Respondents.

JUDGMENT

By the Court.—The writ petition which has been filed in the public interest has highlighted the failure of the State to implement the judgment of the Division Bench of this Court dated 28 May 2014 in Om Prakash Varma and others v. State of Uttar Pradesh and others, 2014(5) ADJ 427 (DB)(LB). This judgment of the Division Bench dealt with the serious issue of encroachments on public utility lands, including among them lands which are reserved for parks, ponds and pasture lands which are being increasingly encroached upon in the absence of any remedial action by the State Government. The Division Bench adverted to the judgments of the Supreme Court in Hinch Lal Tiwari v. Kamla Devi, (2001) 6 SCC 496 and Jagpal Singh v. State of Punjab, AIR 2011 SC 1123. The Court formulated detailed guidelines and issued directions, having due regard to the provisions of Section 122-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 and the Rules which have been framed under the said legislation. Comprehensive guidelines have been issued in regard to the discharge of duties by the District Collectors, to initiate proceedings under Section 122-B and where the proceedings have









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