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SAURABH SHYAM SHAMSHERY
Ambika Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. This bunch of public interest litigations are filed by few villagers of concerned village mainly opposing construction of water tank and in one case construction of RCC Centre, on the land reserved in concerned village for Charagaah, Gadahi, Naveen Parti, Khalihaan or other public purposes.
2. Learned counsel for petitioners mainly argued that if a land is reserved for a particular purpose (such as Charagaah, Khalihaan etc.), nature of same cannot be changed except in exceptional circumstances by due prescribed process, however, due process has not been followed in the present cases and only on basis of resolution of Gram Sabha concerned, permission for construction was granted.
3. In Public Interest Litigation No. 1576 of 2024 (Radhey Shyam Gupta) it has been brought on record that nature of land has been changed vide order dated 03.09.2024 passed under Section 101 of U.P. Revenue Code, 2006, therefore, counsel for said petitioner has instruction not to press the public interest litigation.
4. During hearing, a question was raised by this Court that, whether there is any dispute that construction of water tank or RCC Centre is a work of public
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 exercise of writ jurisdiction under Article 226 of the Constitution of India should not be used to determine administrative matters, and t....
The main legal point established in this judgment is that the petitioner failed to establish the existence of the Siddapura Lotus Pond on the disputed land and that the grants made to private individ....
Construction on land recorded as public land cannot be permitted if administrative findings support its public use.
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