Court No. - 2
Case :- WRIT - C No. - 25836 of 2011
Petitioner :- Ram Karan
Respondent :- State Of U.P. And Others
Petitioner Counsel :- S.P. Giri
Respondent Counsel :- C.S.C.
Hon'ble Ashok Bhushan,J.
Hon'ble Ran Vijai Singh,J.
Heard counsel for the petitioner and learned Standing Counsel.
No notice is being issued to respondents No. 4 and 5 in view of the order which is being proposed to be passed, however, liberty is reserved for private respondents to apply for variation or modification of this order if they feel so aggrieved.
Petitioner's case in the writ petition is that plot No. 84 area 0.040 hectare is recorded as pond in the Khatauni 1470-1472 Fasali. Learned counsel for the petitioner submits that certain private persons including the respondents are filling the pond. The learned counsel for the petitioner relying on the judgment of the Apex Court in Jagpal Singh & Ors. Vs. State of Punjab & Ors. in Civil Appeal No. 1132 of 2011, decided on 28th January, 2011, has submitted that State authorities have to take action for eviction of unauthorised occupants from the disputed public land including pond.
Under Section 122-B of U.P.Z.A.& L.R. Act, the respondent authority has ample jurisdiction to take action against the unauthorised occupation of the pond after drawing appropriate proceedings.
In the facts and circumstances of the case, the Assistant Collector may look into the grievance of the petitioner and in case after inquiry it is found that any private person is in unauthorised occupation of pond, appropriate action be taken in accordance with law.
With these observations, the petition is disposed of.
Order Date :- 9.5.2011