GAURI SHANKAR GUPTA Vs. STATE OF U P THROUGH SECRETARY DEPARTMENT OF URBAN DEVELOPMENT GOVERNMENT OF U P LUCKNOW

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Shri N.N. Mishra, learned counsel for respondent No. 5 and learned Standing Counsel representing the State. This public interest litigation has been filed by the petitioner, who claims to be an advocate.

(2.) The prayer in this writ petition is that the lands in urban areas in UP have been shown as ponds even though the said areas have been declared to be non-agricultural areas.

(3.) It was contended by the learned counsel for the petitioner that the cases of the persons who are tenure holders or other persons, who are occupying ponds, Pokharas and water channels etc. in non-agricultural urban areas in district Gorakhpur should not be evicted from the said lands, which have been declared to be non-agricultural lands and their cases would not be covered by the decision of the Supreme Court in the case of Hinch Lal Tiwari v. Kamla Devi, 2001 92 RevDec 689. Another prayer is for a mandamus restraining the respondents from evicting the recorded tenure holders from the ponds, Pokharas and water channels falling under the urban areas of district Gorakhpur.