Allahabad High Court
Rekha Devi vs State Of Up And 3 Others on 10 December, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:193022-DB Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 857 of 2024 Appellant :- Rekha Devi Respondent :- State of U.P. and 3 others Counsel for Appellant :- Shree Prakash Upadhyay Counsel for Respondent :- C.S.C., Pradeep Singh, Rajiv Singh (S.C.) Hon'ble Arun Bhansali, Chief Justice Hon'ble Vikas Budhwar, J.
1. An application seeking condonation of delay in filing the appeal has been filed by the appellant.
2. For the reasons indicated in the application supported by affidavit, the same is allowed. The delay in filing the appeal is condoned.
3. This appeal is directed against order dated 19.07.2024 passed in Public Interest Litigation (PIL) No. 1170 of 2024, whereby the learned Single Judge, on noticing that the overhead water tank over Arazi No. 1101 is being constructed after a resolution having been passed by the Gram Sabha, dismissed the PIL.
4. Learned counsel for the appellant made submissions that in terms of the provisions of the Uttar Pradesh Revenue Code, 2006, it was incumbent on the respondents to first reserve land in exchange for use as pasture land and as they have not provided for any other land as pasture land before use of the land in question, the action being contrary to law, the learned Single Judge was not justified in dismissing the PIL.
5. Learned Standing Counsel made submissions that the water tank is being constructed under the Jal Jeevan Mission and is for the benefit of the villagers only and, therefore, the plea raised by way of public interest litigation, has rightly been dismissed by the learned Single Judge.
6. We have considered the submissions made by learned counsel for the parties and have perused the material available on record.
7. Admittedly, the petition was filed in the nature of public interest litigation. In a petition which has been filed in public interest and, admittedly, the water tank is being constructed under the Jal Jeevan Mission for supplying drinking water to the villagers, the filing of the public interest litigation seeking to stop such construction, only on the ground that the same was being constructed on pasture land, has rightly been dismissed by the learned Single Judge.
8. However, in terms of the provisions of the Revenue Code, the State is not absolved of the responsibility to reserve other piece of land as pasture land for using the land for water tank which is recorded as pasture land and, therefore, the State respondents are directed to do the needful for the said purpose.
9. With the above observations, the special appeal stands disposed of.
Order Date :- 10.12.2024 SL/AHA (Vikas Budhwar, J) (Arun Bhansali, CJ)