High Court of Allahabad in Abdul Mateen & Others vs. State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

Chief Justice's Court

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 38055 of 2011

Petitioner :- Abdul Mateen And Others
Respondent :- The State Of U.P. Thru Secy. And Others
Petitioner Counsel :- Mithilesh Kumar Tiwari
Respondent Counsel :- C.S.C.,Mahesh Narain Singh

Hon'ble Ferdino Inacio Rebello,Chief Justice
Hon'ble Vikram Nath,J.
The issue involved in this petition is similar to the issue involved in the case of Faujdar Singh Yadav vs. State of U.P. and others, Public Interest Litigation (PIL) No. 71056 of 2010 decided on 8.12.2010. The only difference is that the subject matter of the petition is not ponds or waterlogged lands but public land. Considering Section 122-B of the U.P.Z.A & L.R. Act, the same directions as set out in Faujdar Singh Yadav (supra) must also be applicable in the case of land covered by Section 122-B of the U.P.Z.A. & L.R. Act.

The Apex Court in the case of Jagpal Singh & Ors. vs. State of Punjab & Ors., JT 2011 (1) SC 617 vide paragraph 22 has issued general directions to all the State Governments. The said paragraph for the sake of convenience is reproduced below:-

"Before parting with this case we give directions to all the State Governments in the country that they should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. For this purpose the Chief Secretaries of all State Governments/Union  Territories in India are directed to do the needful, taking the help of other senior officers of the Governments. The said scheme should provide for the speedy eviction of such illegal occupant, after giving him a show cause notice and a brief hearing. Long duration of such 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 a school, dispensary or other public utility on the land."
In the light of that, this petition is also disposed of in the same terms.
Petitioner to serve a copy of this order to the respondent no. 3 within two weeks from today.

Order Date :- 13.7.2011 

                    (Vikram Nath,J)                                                                 (F.I. Rebello,CJ)