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IN THE HIGH COURT OF ALLAHABAD
Pradeep Kumar Singh Baghel, Rohit Ranjan Agarwal, JJ.
Rahul Kumar Singh – Appellant
Versus
State of U.P. and Ors. – Respondents
Public Interest Litigation (PIL) Nos. 1215, 1216, 1218, 1219, 1224, 1226, 1256, 1265, 1268, 1270, 1292, 1324 and 1329 of 2019
Decided On : 31-05-2019
Code of Criminal Procedure, 1973 – Section 133 – U.P. Zamindari Abolition and Land Reforms Act, 1952 – Section 132 – U.P. Land Revenue Code, 2006 –Public Interest Litigation – Mohalla Bhiti Chowk was brought under consolidation operation –Area 0.36 hectare which is situated in mohalla, was recorded as 'Nala (Nali Nalkoop) and road' in revenue papers –Land is covered under provisions of Section 132 of U.P. Zamindari Abolition and Land Reforms Act, 1952 and U.P. Land Revenue Code, 2006 –Fifth respondent, who is private person, has made illegal encroachment upon area, however revenue authorities have not taken any action against fifth respondent who has made illegal encroachment upon public utility land –Petitioner has made application regarding said illegal encroachment, copy of application addressed to Sub-Divisional Magistrate, Mau is on record, however, petitioner has not filed any receipt that said representation has been received by authority concerned –Inspite of aforesaid application respondents are not taking action to remove the illegal encroachment –Held, There are large number of pending PILs relating to protection of environment, in matter of cleansing public life, breach of public trust doctrine, converting public utility services for private use of builders etc., those genuine PILs are pending for years together and some of them are becoming infructuous as most of judicial time is wasted in dealing with a large number of fresh PILs raising issues on small matters which do not raise the issues of public importance – PIL Dismissed. (Paras 30, 31)
Facts of The Case:
U.P. Land Revenue Code, 2006 –Public Interest Litigation – Mohalla Bhiti Chowk was brought under consolidation operation –Area 0.36 hectare which is situated in mohalla, was recorded as 'Nala (Nali Nalkoop) and road' in revenue papers –Land is covered under provisions of Section 132 of U.P. Zamindari Abolition and Land Reforms Act, 1952 and U.P. Land Revenue Code, 2006 –Fifth respondent, who is private person, has made illegal encroachment upon area, however revenue authorities have not taken any action against fifth respondent who has made illegal encroachment upon public utility land –Petitioner has made application regarding said illegal encroachment, copy of application addressed to Sub-Divisional Magistrate, Mau is on record, however, petitioner has not filed any receipt that said representation has been received by authority concerned –Inspite of aforesaid application respondents are not taking action to remove the illegal encroachment.
Finding of The Court:
There are large number of pending PILs relating to protection of environment, in matter of cleansing public life, breach of public trust doctrine, converting public utility services for private use of builders etc., those genuine PILs are pending for years together and some of them are becoming infructuous as most of judicial time is wasted in dealing with a large number of fresh PILs raising issues on small matters which do not raise the issues of public importance.
Result: Appeal Dismissed.
IN THE HIGH COURT OF ALLAHABAD
Pradeep Kumar Singh Baghel, Rohit Ranjan Agarwal, JJ.
Key Points: - PILs dismissed due to inaction of authorities and availability of statutory remedies (CrPC Section 133, UP Revenue Code) for removal of encroachments; PILs should not be entertained when such remedies exist. (!) (!) (!) (!) - The decision emphasizes encouraging genuine, public-interest PILs while discouraging frivolous or vexatious petitions; heavy costs may be imposed and petitions may be dismissed to preserve judicial time. (!) (!) (!) (!) (!) (!) (!) (!) - The Court outlines the scope of public interest litigation, its phases, and the need for High Courts to ensure enforcement of laws, while noting that encroachment removal petitions often have statutory avenues that should be pursued first. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) - The judgment cites that environment-related PILs should be prioritized and that the court acts as guardian of public rights, while ensuring that petitions involving public nuisance or encroachment do not undermine statutory enforcement mechanisms. (!) (!) [p_84s] (!)
JUDGMENT :
1. Since common question of law is involved in this batch of petitions thus they are being decided by this common judgment. However, for convenience the facts of the lead petition being Public Interest Litigation No. 1215 of 2019 are taken for consideration.
2. The petitioner in the said petition, PIL No. 1215 of 2019 has claimed that he is a public spirited person of mohalla Bhiti Chowk, District Mau. He has espoused the cause of general public of the aforesaid mohalla for protecting public utility land. Relief sought in the petition reads as under:
3. It is stated that mohalla Bhiti Chowk was brought under the consolidation operation. Arazi No. 985 area 0.36 hectare which is situated in the said mohalla, was recorded as 'Nala (Nali Nalkoop) and road' in the revenue papers. The aforesaid land is covered under the provisions of Section 132 of the U.P. Zamindari Abolition and Land Reforms Act, 1952 and the U.P. Land Revenue Code, 2006.
4. It is alleged that the fifth respondent, who is a private person, has made illegal encroachment upon Arazi No. 985 area about 0.36 hectare, however the revenue authorities have not taken any action against the fifth respondent who has made illegal encroachment upon the public utility land. The petitioner has made an application dated 12.3.2019 regarding the said illegal encroachment, a copy of the application addressed to the Sub-Divisional Magistrate, Mau is on the record, however, the petitioner has not filed any receipt that the said representation has been received by the authority concerned. It is stated that inspite of the aforesaid application the respondents are not taking action to remove the illegal encroachment.
5. We have heard learned counsel for the petitioner and the learned Standing Counsel.
6. Learned counsel for the petitioner submits that since the authorities concerned have failed to remove the illegal encroachment hence the petitioner who is a public spirited person, has no other option but to approach this Court by the instant public interest litigation.
7. We find that a large number of public interest litigation are filed in this Court for similar relief where the grievances are raised that private respondents have made encroachment on public utility land, chakroad (pathway), nali in villages as well as in Nagar Panchayats, municipalities and in Nagar Nigams. To illustrate the said fact we refer some of the reliefs of following public interest litigations filed in this Court:
"(i) issue a writ, order or direction in the nature of Mandamus directing the respondent authority to enquire into the matter and remove immediately the encroachment of respondent No. 4 from the well (Kuwa), water pipeline (Nal) and the place of religious and other social work place, situated at Araji No. 677K, Village Jalauji Chak Rajman, P.S. & Tehsil Sikandarpur, District Ballia.
(ii) issue a writ, order or direction in the nature of Mandamus directing the respondent No. 3 to decide the representation of the petitioner dated 19.3.2019 (Annexure No. 4 to the writ petition), within the period so fixed by this Hon'ble Court.
PIL No. 1329 of 2019 (Mustaq Ahmad v. State of U.P. and others):
(a) Issue a writ, order or direction in the nature of mandamus directing to the authorities concerned to restrain the trace passers as like respondent No. 8 and 9 for raising constructions over public utility land and to evict them from Araji No. 117(M), 124(M), 123(M), 125(M) Mauja Jhunsi Kohna, Tahsil Phoolpur, District Prayagraj.
PIL No. 1324 of 2019 (Bhoora @ Farookh and others v State of U.P. and others)-
(i) Issue a wri
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