JUDGMENT

Rajeev Kumar Shrivastava, J. - The instant petition in the nature of Public Interest Litigation under Article 226 of the Constitution of India has been filed for issuing writ of mandamus/prohibition to protect uncountable fruits bearing trees standing on the land bearing survey No. 438/2 area 2.717 hectares, situated in village Daboh, which are being proposed to be cut/fell down for the purpose of establishing proposed Upmandi Krishi Upaj at Daboh.

2. The facts in short are that on land bearing survey No. 438/2 area 2.717 hectare, situated at Daboh Alampur, Tahsil Lahar, District Bhind, uncountable fruits bearing and other green trees are standing. Earlier there was a civil dispute about ownership of land between the private party with Krishi Upaj Mandi Samiti Alampur, which went up to this Court in Second Appeal No. 212/1996. The said appeal was decided in terms of compromise, according to which Krishi Upaj Mandi Samiti Alampur has got the land bearing survey No. 438/2 area 2.717 hectare. Hence, Krishi Upaj Mandi Samiti Alampur has become owner of said land. Now Krishi Upaj Mandi Samiti has proposed to establish Upmandi, for which the Director Mandi has also sanctioned Rs.