SUNIL KUMAR SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Adya Prasad Tewari, learned counsel for the petitioner, Sri Abhishek Shukla, learned Addl. C.S.C. for the state-respondents and Mr. Sudhir Bharti, learned counsel for the respondent-gaon sabha. Neither anyone is present on behalf of respondent nos. 5 and 6 nor any request has been made on their behalf for adjournment.

(2.) Brief facts of the case are that plot no.198 (old no.258), area 0.1780 hect., is recorded in the name of gaon sabha under Class 6-2 category land. Proceeding under Sec. 122-B of the U.P. Z.A. and L.R. Act, 1950 was initiated against respondent no.5-Kedar Nath Yadav Inter College, Baghagara, Tahsil, Sadar, Gorakhpur (a private unaided intermediate college, under self-financed scheme). An order for ejectment and damages has been passed against respondent no.5 in respect to 44 decimal area of plot no.258 as well as damages of Rs.11,91,040.00 vide order dtd. 28/6/2001. Respondent no.5 challenged the order dtd. 28/6/2001 by way of Revision No.73 before the Collector which was dismissed vide order dtd. 23/11/2001. Against orders dtd. 28/6/2001 and 23/11/2001, respondent no.5 filed Civil Misc. Writ Petition No.40820 of 2001 before this Court which was initially entertained in respect to damages part only but subsequently writ petition was dismissed vide order dtd. 23/1/2014. In paragraph no.11 of the writ petition, it is specifically stated that order dtd. 23/1/2014, dismissing the writ petition filed by respondent no.5, has attained finality. Petitioner made a complaint before the authorities for the removal of encroachment over the plot in dispute in pursuance of the final order passed in the proceeding under Sec. 122-B of the U.P. Z.A. & L.R. Act but no substantial steps have been taken by the authorities, hence, the instant P.I.L. on behalf of the petitioner for removal of encroachment made by respondent no.5 over plot no.198, area 0.1780 hect. as well as for recovery of amount of damages awarded against respondent no.5 vide order dtd. 28/6/2001 in the proceeding under Sec. 122-B of the U.P. Z.A. & L.R. Act. In paragraph nos.3 & 4 of the writ petition, it is mentioned that petitioner is a social worker and has been doing several activity for the welfare and development of the village as well as to protect the public property land from grabbing.

(3.) This Court has entertained the matter on 12/4/2018 and had directed that if gaon sabha's land is restored to its original shape, then it also becomes the responsibility of the authorities to see that the school gets a place for functioning so that the local children do not suffer. Vide subsequent orders dtd. 19/4/2018/30/4/2018, this Court had further directed for removal of illegal and unauthorized occupation from the gaon sabha's land and the Chief Secretary of the State was required to come up with a scheme as has been provided in paragraph no.22 of the judgment of the Apex Court in Jagpal Singh and Others vs. State of Punjab and Others, 2011(113)R.D. 689 (SC) but no scheme has been produced before this Court in compliance of the orders of this Court dtd. 19/4/2018/30/4/2018.