RAKESH CH Vs. COMMISSIONER DEVI PATAN

JUDGEMENT

(1.) Sri Ratnakar Mishra, Additional District Magistrate, Gonda is present in person along with the original revenue record pertaining to 1306 Fasli and 1345 Fasli pursuant to the order passed by this Court on 8.3.2018 and the report ascertaining the limits of public land and encroachment made thereon placed before the Court is also taken on record. The Divisional Commissioner as well as District Magistrate shall ensure conclusion of proceedings against the erring officials who are involved in the forgery of record and the matter shall be apprised to the State government for appropriate action as well.

(2.) Heard Sri Mohd. Arif Khan learned Senior Counsel assisted by Sri Mohd. Aslam Khan and Sri Manjeev Shukla and Sri Uday Veer Bhan Singh learned Additional Chief Standing Counsel for the State.

(3.) This writ petition filed under Article 226 of the Constitution of India has raised mixed questions of law and facts and the point that falls for consideration is as to whether the map which allegedly was sanctioned by the Nagar Palika, Gonda in three phases on 28.1.1971, 22.12.1983 and 22.12.1986 for the construction of a building in the locality known as Dadua Bazar, Gonda is relatable to plot no. 217/1 and also as to whether the building raised by the petitioner taking shelter of the disputed maps is actually situated on the said plot or elsewhere on the public land which belongs to PWD. According to the State, the disputed building is situated on plot no. 217 which belongs to PWD and its existence which presently is affecting the road widenining scheme too is cmpletely unauthorised and the defence pleaded on the basis of sanction of map is completely misplaced. Nearly more than hundred persons are found to have indulged into the acitivity of encroachment on public land.