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IN THE HIGH COURT OF ALLAHABAD
SAURABH SHYAM SHAMSHERY
Ram Niwas Chauhan – Appellant
Versus
State of U.P. – Respondent
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
Public Interest Litigation dismissed due to lack of evidence; proper procedures for land exchange were followed, and no community objections were substantiated.
The main legal point established in the judgment is that the exchange of land must be for the benefit of the village inhabitants and in accordance with statutory provisions of law.
The court held that a Gram Panchayat cannot authorize land exchanges affecting common paths while legal disputes regarding such paths are pending, affirming that such actions are not in public intere....
Land Scam - 'Public Interest Litigation' – Not maintainable - PIL to be genuine Public Interest, not a publicity petition, politically motivated by third party, private interest or with any other mot....
Prevention of encroachment on common land - Absence of any such order from competent authority qua acceptance of offer made for seeking exchange of land, attestation of mutations, on this count alone....
Resolution by the Land Management Committee for land allotment without approval from the S.D.M. lacks legal validity, leading to unlawful possession claims.
The court established that prior illegal actions by government officials cannot affect the rights of third parties who acted in good faith under valid agreements.
Court emphasizes the need for the Government to reassess land valuation and public interest in cases of abandoned land acquisition, highlighting that individual claims can satisfy public interest cri....
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