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Allahabad HC directs Kushinagar DM to investigate plea against construction on public land

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The Allahabad High Court has directed the District Magistrate Kushinagar to take appropriate action after investigating the construction of a panchayat bhawan on public utility land situated in khalihaan of Hafua Chaturbhuj village of Block Sewarahi.

A single bench of Justice Ajit Kumar passed this order while hearing a PIL filed by Vijay Yadav and 4 Others.

By means of the petition, the petitioners have prayed for a direction to the respondent authorities to restrain illegal construction of panchayat bhawan over land bearing Gata No 338 of 0.3800 hectare situated in village Hafua Chaturbhuj, Block Sewarahi, Tehsil Tamkuhiraj, District Kushinagar.

The counsel for the petitioners submitted that in the above regard, the petitioners have already moved an application before the District Magistrate on 07.06.2022 on the ground that the land in question is a “khalihaan” and therefore it being a public utility land and not being reserved for panchayat bhawan, no panchayat bhawan should be permitted to be constructed thereupon.

Standing Counsel submitted that the petitioners may also raise a plea under Section 67 of the UP Revenue Code, 2006, if they so desire.

Having heard the counsel for respective parties, the Court was of the view that it would be appropriate that the District Magistrate, Kushinagar is directed to look into it and consider the grievance of the petitioners and if the land is not reserved for construction of panchayat bhawan, he would take appropriate action in that regard. Further, if he finds that there is some encroachment over the public utility land, he will refer the matter to the Tehsildar under Section 67 of the U.P Revenue Code, 2006 who will proceed with the same in accordance with law.

The District Magistrate shall take appropriate decision in the matter, as directed, within a period of 6 weeks from the date of receipt of certified copy of the order, the Court ordered.

Accordingly, the Court disposed of the petition.

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