The Allahabad High Court has expressed that Public land in the State of Uttar Pradesh is most vulnerable to encroachment. Encroachment over such public land is not countenanced by the legislature.
The Single Bench of Justice Ajay Bhanot while considering that encroachment on public lands causes irreversible damage to public interest has observed that,
“The Uttar Pradesh Revenue Code, 2006, is the response of the legislature to deal with the endemic problem of encroachment over public lands. The purpose of legislative intent will be defeated in case the statutory authorities do not discharge their statutory functions in a timely manner.”
The counsel on behalf of the petitioner has submitted before the court that the petitioner has intimated the competent authority about the encroachment of public land. Despite receipt of such information with material particulars the competent authority failed to discharge the statutory obligations under Section 67(2) of the Uttar Pradesh Revenue Code, 2006.
The court has also stated that the officials charged with the duty, to investigate and clear such encroachment, are under an obligation of law to proceed with dispatch, efficiency and in conformity with the provisions of the statute while dealing with issues relating to encroachment over public lands.
The direction has also passed for Issuance of notice to the respondent to take steps within two weeks. The court has also directed to Sri Mukul Tripathi, learned Standing Counsel to obtain instructions from the competent authority as to why the said authority has been prima facie negligent in performance of its statutory duties.
The court has listed the present matter on 5 th February for next hearing.
Case details:
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1780 of 2020
Petitioner :- Yash Pal Singh
Respondent :- State Of U.P. And 8 Others
Counsel for Petitioner :- Achchhey Lal Tiwari
Counsel for Respondent :- C.S.C.
Judge: Justice Ajay Bhanot
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