Public Interest Litigation dismissed due to lack of evidence; proper procedures for land exchange were followed, and no community objections were substantiated.

JUDGMENT :

Saurabh Shyam Shamshery, J.

1. Heard Sri M.D. Singh Shekhar, learned Senior Counsel assisted by Sri Aman Srivastava, learned counsel for petitioner, Sri Krishna Kant Singh, learned counsel for respondent Nos.4 and 5, Sri Shad Khan, learned counsel for respondent Nos. 6 to 8, Sri Abhishek Srivastava learned C.S.C. for State along with Sri Rajesh Kumar Tiwari, learned A.C.S.C. for State.

2. This is a Public Interest Litigation. The petitioner has disclosed his anticidents as well as that no one associated with him will be benefited with outcome of present Public Interest Litigation. For reference paragraph of it is reproduced hereinafter:-

“That the petitioner is Ex-Pradhan and a social worker having no criminal history and the petitioner is always used to raise voice against the illegal encroachment of the government land irregularities in Government Schemes and several other matter relating to public interest, the petitioner is not associated with any political party and the petitioner also does not have any personal benefit from the relief as prayed by way of this PIL petition. Regarding the dispute involved in the present PIL no case is pending before any Court of law, the petitioner further declares that the result of present PIL will not benefited to the petitioner or his anyone associated with the petitioner or it will not undue loss to any person, body of persons or the State. The petitioner further declare that he shall follow the order if any passed in the instant case. The petitioner has filed the present PIL petition in the form of Public Interest Litigation as the question involved in the present PIL petition directly affects to the right and interest of eligible poor person of the area.”

3. At the outset, it has been pointed out by counsel for contesting respondents that Jawahar Thermal Power Project, J.V.U.N.L., Malawan, District- Etah has acquired land under provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and paid payments about four times of circle rate for a large chunk of village Nigoha Hasanpur which also includes land of one Vinay Pal Singh, a real brother of present petitioner which has not been disclosed in present petition as well as not specifically denied during arguments by counsel for petitioner.

4. Sri M.D. Singh Shekhar, learned Senior Counsel appearing on behalf of public interest litigant has drawn attention of this Court on prayer that exchange proceedings were contrary to procedure prescribed under Section 101 of U.P. Revenue Code, 2006 that land of Charagah cannot be exchanged.

5. Learned Senior Counsel for petitioner submitted that a large chunk of land at village- Nigoha Hasanpur was purchased by J.V.U.N.L., allegedly on an assurance that there will be construction of a residential housing colony for the purpose of said Thermal Power Project, however, instead of constructing a residential colony thereon it being used to exchange against a land situated in other villages namely, Akbarpur and Malawan, which was reserved for a Charagah i.e. now the land acquired at village Nigoha Hasanpur, which was purchased for construction of residential housing colony, will be used for Charagah, whereas land reserved for Charagah at village Akbarpur/Malawan will be used for construction of