Thursday, March 17, 2016

In Other Courts: High court of Allahabad - Lucknow Vikas Manch Trust Aurangabad Vs. State Of U.P.

eLegalix - Allahabad High Court Judgment Information System (Judgment/Order in Text Format)


Court No. - 3

Case :- REVIEW PETITION No. - 214 of 2015

Petitioner :- Lucknow Vikas Manch Trust Aurangabad Khalsa Bijnor Lko.
Respondent :- State Of U.P.Throu.Prin.Secy.Deptt.Revenue & Ors.3208(M/B)15
Counsel for Petitioner :- Anuj Dayal,Saima Khan

Hon'ble Shri Narayan Shukla,J.
Hon'ble Rajan Roy,J.
The petitioner has sought review of the order dated 21.4.2015 passed by us in Writ Petition No.3208(MB) of 2015, Lucknow Vikas Manch Trust v. State of U.P. & ors.
Heard Ms. Saima Khan, learned counsel for the review petitioner.
Ms. Khan has referred a case of Jagpal Singh & ors. v. State of Punjab & ors., Civil Appeal No.1132 of 2011 arising out of Special Writ Petition (Civil) CC No.19869 of 2010, in which the Hon'ble Supreme Court held that long duration of illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession. Regularization should only be permitted in exceptional cases e.g. where lease has been granted under some Government notification to landless labourers or members of Scheduled Castes/Scheduled Tribes, or where there is already school dispensary or other public utility land.
We are informed that on the land in dispute the road has been constructed, which is definitely for the purpose of public utility. We have dismissed the writ petition after recording the statement of the learned counsel for the opposite party no.4 that the land in suit is situated within the residential area and a road has also been constructed over it.
Therefore, we are of the view that the present case is absolutely governed under the exceptional clause as provided by the Hon'ble Supreme Court in the case of Jagpal Singh (Supra). In the result we do not find any error in the order dated 21.4.2015 passed by us in Writ Petition No.3208(MB) of 2015, Lucknow Vikas Manch Trust v. State of U.P. & ors.
The review petition is accordingly dismissed.
Order Date :- 25.5.2015
(Rajan Roy,J.) (Shri Narayan Shukla,J.)

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