SHIV PRASAD ARELA Vs. STATE OF U P

JUDGEMENT

(1.) IN this Public INterest Litigation, the allegation of the petitioners is that the respondent No. 5, a Colonizer has been allowed to make constructions over plots which have been recorded as Marghat, Pasture land, and Khaliyan land. Counter affidavit has been filed on behalf of respondent No. 2, the District Magistrate, Agra in which he has averred as follows:- "That a bare perusal of aforesaid prayers would show that the petitioners are seeking a writ, order or direction in the nature of mandamus commanding the respondents not to alter, change or permit illegal encroachment or construction over the Arazi/Khasara no. 201 (0.0720 Hec.), 24M (0.1000 Hec.), 200 (0.1810 Hec.), 311 (0.0980 Hec.), 141D (0.7960 Hec.), 221 (1.3500 Hec.) and 270/330 (0.0120 Hec.), situate at village: Bagda, Pargana and Tehsil: Agra, District: Agra. That, a report dated 26.05.2009 has been submitted with the Additional District Magistrate (Administration), Agra, which would show that there is a proposal for the construction of road by Agra Development Authority, Agra which would go through the village Bagda. This proposed road is to be constructed over plot nos. 200 area 0.1811 hectares, plot no. 201 area .0720 hectares and plot no. 221 area 1.3500 hectares, which are recorded as Marghat, Pashu Marghat and Pashuchar respectively. These plots have neither been acquired nor resumed in accordance with law. At present, no construction is going on over aforesaid plots. True photocopy of aforesaid report dated 26.05.2009, is being annexed herewith and marked as Annexure No. SCA-1 to this affidavit. That, a letter No. 1284 dated 26th May, 2009 on behalf of District Magistrate, Agra has been sent to Vice Chairman, Agra Development Authority, Agra with a request not to construct the road in question over aforesaid plots unless and until plots in question are resumed in accordance with law by the Government with further request that action may be taken against the guilty officers/officials, who have proposed the road to be constructed over aforesaid plots without prior permission. True photocopy of aforesaid letter No. 1284 dated 26th May, 2009, is being annexed herewith and marked as Annexure No. SCA-2 to this affidavit. That, it is also relevant to mention here that there is no proposal to construct road on the remaining plots i.e. plot no. 24M, 311, 141D and 270/330." No body appears on behalf of the petitioners. Mr. M.S. Pipersenia Standing Counsel appears on behalf of respondent Nos. 1 to 3. IN view of the aforesaid stand of the respondents in the counter affidavit, nothing survive for adjudication. Application stands disposed of.