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CHANDRA KUMAR RAI
Mumtaj Ali – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Mr. Chandra Prakash Tiwari, learned counsel for the petitioner, Mr. Shashwat Kishore Chaturvedi, learned counsel for respondent no.5 and Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents and Mr. Deepak Gaur, learned counsel for respondent-Gram Sabha.
2. Petitioner has filed the instant petition in public interest stating that petitioner has no personal and private interest in the present matter and the result of the present litigation will not lead any undue gain to the petitioner and anyone associated with him, hence present public interest litigation be entertained.
3. Petitioner has pleaded in the petition that plot no.678 area 1.2060 hectare situated in Village-Bamauan, Tahsil-Tahrauli, District-Jhansi is reserved for public-abadi in revenue record. He further pleaded that plot no.678 is road side plot and valuable property of gaon sabha so few person of the locality including petitioner moved an application before Additional District Magistrate (Administration), Jhansi for construction of Community Health Centre over plot no.678 as the same is adjacent to road and tahsil campus accordingly, a letter was sent to Sub-Divisi
The main legal point established in the judgment is that the exercise of writ jurisdiction under Article 226 of the Constitution of India should not be used to determine administrative matters, and t....
Minor construction on land reserved for public purposes does not alter its nature, and objections lacking substantial evidence are invalid in public interest litigation.
The main legal point established in the judgment is that the findings in the revenue proceedings, which have attained finality, determine the ownership and possession of the land in question, and suc....
Public Interest Litigations must serve the public interest and cannot be used for personal grievances, as established in this case.
Public interest litigations must be filed by individuals acting bona fide in genuine public interest; misuse for personal motives is impermissible.
Construction on land recorded as public land cannot be permitted if administrative findings support its public use.
Public interest litigation cannot be used to direct construction affecting private property rights without legal basis.
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