Sompal v. State of U.P. and 5 Others

Court No. - 51 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2172 of 2023 Petitioner :- Sompal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Shiv Prakash Gupta Counsel for Respondent :- C.S.C.,Sanjay Kumar Om,Sunil Kumar Singh Hon'ble Chandra Kumar Rai,J.

¶1Mr. Abhinav Ojha, learned Standing Counsel for the State-respondents has placed the instruction dated 18.09.2023 before the Court today, which is taken on record.

¶2Learned Standing Counsel shall serve copy of the instruction upon Council for the Petitioner during course of the day.

¶3Heard learned counsel for the petitioner, Mr. Abhinav Ojha, learned Standing Counsel for the State-Respondents, Mr. Sunil Kumar Singh, learned counsel for respondent No. 4-Gaon Sabha, Mr. Sanjay Kumar Om, learned counsel for respondent No. 5 and Mr. Devesh Vikram, learned counsel for respondent No. 6.

¶4The instant writ petition has been filed for the following relief. "(i) issue a writ order or direction in the nature of mandamus commanding the respondents/ authority concerned to stop the construction of Water Tank at the land bearing Khasra no.490/2 area about 0.3360 hectare, situated at play ground of Higher Primary School, Village-Afzalpur @ Rani Nangla, Development Areea Hastinapur, District-Meerut, immediately, keeping in view that the aforesaid land is used as play ground of children and is necessary for skill Development of Students under Khelo India Scheme and the respondents shall be directed to made the construction at the khasra No.490/4 which has been proved for the purpose of construction of Water Tank by the Government under Jal Jivan Mission, in accordance with law within some stipulated time as fixed by this Hon'ble Court in the facts and circumstances of the case, otherwise the petitioners shall suffer irreparable loss and injury."

¶5Mr. Abhinav Ojha, learned Standing Counsel for the State-Respondents on the basis of instruction dated 18.09.2023 submitted that plot No. 490/ 2, area 0.3360 hectare is recorded in the name of Primary School. He further placed copy of the Khatuni of 1427-1432 fasli in order to demonstrate that plot No.490/2 is recorded as primary school. He further submitted that in plot No. 490/2, Primary School and playground are situated over which no construction of water tank under the scheme of the government has been made. He further submitted that no construction of water tank is going on in Khasra No. 490/2. He further placed the report of Lekhpal in which it is mentioned that no construction of water tank will be made on in Khasra No. 490/ 2, in near future nor plot No. 490/ 2 will be interfered in any manner.

¶6Mr. Sanjay Kumar Om, learned counsel for respondent No. 5 and Mr. Sunil Kumar Singh, learned counsel for respondent No. 4/Gaon Sabha, submitted that construction of water tank is going on in Plot No. 490/4, rather in plot No. 490/ 2.

¶7I have considered the argument advanced by the counsel for the parties and perused the record.

¶8There is no dispute about the fact that plot No. 490/ 2 is recorded as Primary School and 490/4 is recorded as Naveen Parti.

¶9Perusal of the instruction dated 18.09.2023 sent by Sub-Divisional Officer will be relevant for perusal, which is as under: "

ममनननयउचचनयमयमलय,

इलमहमबमदममययजजतजसववलवमस०ररटयमवचकमनयवटस

पनआईएलससखयम50685

वरर2023

सयमपमलबनममउ०प०रमजयआवदममपसतरवमर

आखयमवनमनवतहह-1-

गममअफजलपपरउफररमनननसगलमपरगनमहससतनमपपरतहसनलमवमनमममसससतखसरम ससखयम-490/2

रकबम0.3360

हह०पमइमरनसककलककनममदजरहह।नकलखततननसमस

ससलगहह। (ससलगक-1) 2-

गममअफजलपपरउफररमनननसगलमममसससतखसरमससखयम490/2

रकबम0.3360

हह०मम

ससलपरपमइमरनपमठशमलमवखमलनमहदमनसससतहह।इसखसरमससखयम/

गमटमपरजल

जनवनवमशनककअनतगरतटसकककमवनममरणकमयरनहहवकयमजमरहमहह। 3-

यमचनकमयहकसनवकखसरमससखयम490/2

रकबम0.3360

हह०परटसकककमवनममरण

वकयमजमरहमहह।असतयहह।

वबनदपवमरआखयमसमदरपकवरत।

जगनमसलकखपमलतहसनलदमर

मवमनम(मकरठ)

वतरमलजससह

रमजसववनरनकक

उपजजलमजधकमरनमवमनम।"

¶10Report sent by Lekhpal, which is the annexed along with the instruction of Sub-Divisional Officer dated 18.09.2023 will also be relevant for perusal, which is as under: महयदय,

ससलगपतकपनमलरववजससहचनफसटमवडसगकमउसलहमईकयटरइलमहमबमदFax/Court Case/Most Urgent office Fax 0532-2422773m0532-2423850 Civil Misc. Writ Petition (Notice)Pil No. 50685 of 2023 Sompal vs.State of U.P. and others

ककदमरमगममअफजलपपरउफररमनननसगलमतहसनलमवमनमजजलममकरठ

ममसससतखसरमनस०490/2

ककतफल0.3660

हह०परपमइमरनपमठशमलमबननहहखसरमनस०

ककतफल0.3660

हह०ममजलजनवनवमशनककअनतगरतटसककवनममरणनमकरनककक

समबनधममआखयमवनमनपकमरहह।

उकककसमबनधममसमदरअवगतकरमनमहहवकगममअफजलपपरउफररमनननसगलमपरगनम

हससतनमपपरतहसनलमवमनमजजलममकरठममसससतखसरमनस०490/2

कक०0.3660

हह०मम

ससलपरपमइमरनपमठशमलमवखमलनमहदमनसससतहह।तसमउकककतफलपमइमरनपमठशमलम

ककउपययगममआरहमहह।पशनगतखसरमनस०490/2

ककतफल0.3660

हह०परजलजनवन

वमशनककअनतगरतटसककवनममरणकमकमयरनहहवकयमगयमऔरनमहनभववषयममवकयम

जमयकगम।आखयमसकवमममसमदरपकवरतहह। महयदय

लकखपमलआखयमपकवरत।

वतरमलजससह

जगनमसजससह

रमजसववनरनकक

ककतलकखपमल

¶11In view of the report submitted by Lekhpal as well as instruction dated 18.09.2023 sent by Sub-Divisional Officer, Tehsil-Mawana, District-Meerut it is established that no construction of water tank is going on in Plot No. 490/2.

¶12In view of the aforementioned facts, the instant P.I.L. is finally disposed of in terms of the instruction dated

18.09.2023 directing the authorities that they will not interfere with the possession of the Primary School in respect to plot No. 490/ 2 but authorities are free to construct water tank in plot belonging to them in accordance with law. Order Date :- 16.10.2023/PS* High Court of Judicature at Allahabad High Court of Judicature at Allahabad