HC: Look into grievance about encroachment

ALLAHABAD: The Allahabad high court on Monday disposed of a contempt application filed by the Jan Kalyan Sewa Trust and directed the Gautam Budh Nagar district magistrate to decide the representation of the applicant trust within one month. The applicant had made allegations regarding encroachment and construction of residential buildings on public utility land.

But the court neither expressed its opinion on the merit of the case nor passed any direction for removal or demolition of any structure. The court asked the district magistrate to look into grievance of the applicant regarding encroachment on public utility land and inform the applicant about the decision.

The order was passed by justice VK Birla on a contempt application filed by the Jan Kalyan Sewa Trust in which an allegation was made regarding non-compliance with an order dated December 6, 2012 and passed in a Public Interest Litigation (PIL) with respect to the encroachment of public land in Pargana Chiraiya Kot of Azamgarh district.

The present application has stated that it is the duty of officer concerned to make an enquiry, on any complaint with respect to any encroachment on public utility land, and to decide the same expeditiously.

Earlier, the applicant had moved a representation before the Gautam Budh Nagar district magistrate on September 11, 2013, alleging encroachment on public utility land by builders and construction of residential flats on the same land, but the district magistrate has not decided the representation. Hence, the applicant trust filed the contempt application stating that as per orders of the Supreme Court and the high court, it is the duty of the officer concerned to enquire into the matter and decide his representation, otherwise it would amount to contempt of Court. On this, the court directed the Gautam Budh Nagar district magistrate to decide the representation/ allegations of the petitioner within one month and communicate to the applicant about the decision taken.