TRILOKI PASWAN Vs. STATE OF U P

JUDGEMENT

(1.) 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 and in Public Interest Litigation( PIL) No. 24573 of 2011 Ram Abhilakh Vs. State of U.P and others. THE only difference is that the subject matter of the petition i.e. pasture land is not ponds or waterlogged lands but public utility land as defined in Section 132 of the U.P.Z.A and L.R.Act in which no bhumidhari rights would accrue. Considering Section 122B 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 122B of the U.P.Z.A. & L.R. Act.

(2.) THE Apex Court in the case of Jagpal Singh & Ors. vs. State of Punjab & Ors., JT 2011 (1) SC 617 after relying on Hinch Lal Tiwari Vs. Kamla Devi and others 2001 (6) SCC 496 has issued general directions to all the State Governments in paragraph 22.