AMBIKA YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This bunch of public interest litigations are filed by few villagers of concerned village mainly opposing construction of water tank and in one case construction of RCC Centre, on the land reserved in concerned village for Charagaah, Gadahi, Naveen Parti, Khalihaan or other public purposes.

(2.) Learned counsel for petitioners mainly argued that if a land is reserved for a particular purpose (such as Charagaah, Khalihaan etc.), nature of same cannot be changed except in exceptional circumstances by due prescribed process, however, due process has not been followed in the present cases and only on basis of resolution of Gram Sabha concerned, permission for construction was granted.

(3.) In Public Interest Litigation No. 1576 of 2024 (Radhey Shyam Gupta) it has been brought on record that nature of land has been changed vide order dtd. 3/9/2024 passed under Sec. 101 of U.P. Revenue Code, 2006, therefore, counsel for said petitioner has instruction not to press the public interest litigation.