RAM AWADH YADAV Vs. STATE OF UP

JUDGEMENT

(1.) Let the supplementary affidavit filed today be kept with the record. This writ petition has been filed for the purpose of commanding the respondents not to permit the construction over the pond situated on a particular plot in question at Kunda, District Pratapgarh. He further prayed for commanding the respondent Nos. 1 to 10 to follow the ratio propounded by the Supreme Court in the judgment in Hinch Lal Tiwari v. Kamala Devi and others, 2001 6 SCC 496 and also for commanding the respondent Nos. 5 to 10 to comply with the order dated 22.3.2010 passed by the Commissioner, Allahabad Division Allahabad.

(2.) According to the writ petitioner, he is permanent resident of Nagar Panchayat Kunda and a public spirited person. According to him, a public pond is recorded in the revenue record in plot No. 430 at Kunda, District Pratapgarh for last 200 years, on which the construction is going to be made by the private respondents. Several applications made by the petitioner were forwarded to the concerned Sub Divisional Magistrate by the concerned Commissioner on 22.3.2010 and 24.3.2010, but no step has been taken as yet to protect the interest of the locality.

(3.) So far as the application of the judgment of Hinch Lal Tiwari is concerned, a Division Bench of this Court has passed an order dated 7th October, 2009 in Public Interest Litigation No. 48533 of 2009 Bhartiya Gramin Vikas Evam Prabandh Anusandhan Sansthan v. State of U.P. and others which is as follows: