SANJAY KUMAR DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) THE writ petition has been filed for seeking appropriate directions from this Court for the removal of an unauthorized encroachment on a public park situated in Sector -6, Vikas Nagar, Lucknow. The petitioners are residents of the area and complain that the private respondents, the ninth, tenth and eleventh respondents have created a Management Committee (respondent no. 8) and a temple has been constructed unauthorizedly in 2010. Moreover, it has been stated that a cemented shed has been constructed in the area of the park. As a result of this, it has been stated that almost 75% of the area of the park has been encroached upon. The petitioners initially submitted an application on 17 October 2014 for the removal of the encroachment on which the Additional District Magistrate (Finance and Revenue), Lucknow called for an inquiry. Certain directions were thereafter issued by the Additional City Magistrate (Fifth), Lucknow on 18 October 2014 directing the Station House Officer, Vikas Nagar to inquire into the matter and to ensure the removal of the unauthorized encroachment.

(2.) ACCORDING to the petitioners, on 30 October 2014, a report was submitted by the Vikas Nagar Police stating that an unauthorized permanent construction has been made on the park. The Additional City Magistrate (Fifth), Lucknow thereafter addressed a communication to the Municipal Commissioner of the Nagar Nigam, Lucknow on 11 November 2014 calling for action to remove the encroachment.

(3.) IN view of the inaction of the authorities, the petitioners filed an earlier writ petition (Misc. Bench No. 12465 of 2014). At the hearing of that writ petition, a statement was made on behalf of the Nagar Nigam, Lucknow to the effect that on 12 December 2014, a communication was addressed by the Zonal Officer -3 of the Nagar Nigam to the Superintendent of Police, Vikas Nagar as well as to other competent authorities stating that the work of removing the encroachment would be carried out on 7 January 2015 for which requisite assistance of the law and order machinery had been sought. This Court, accordingly, disposed of the petition observing that since the authorities had duly taken action, at that stage, there was no reason to presuppose that the district administration would not act in pursuance of the requisition made.