Ex-MLA's Statue Installed On Govt Land? Allahabad High Court Registers Suo Moto PIL, Seeks Removal Plan For Illegal Structures

The Allahabad High Court in September this year registered a suo motu Public Interest Litigation (PIL) of the recurring issue of statues being installed on government land illegally without sanction. A Division Bench of Justice Rajan Roy and Justice Prashant Kumar bench essentially converted a petition concerning the statue of Ex-MLA Indrabhadra Singh (Dhanpatganj, Sultanpur) into a PIL titled "In Re: Installation of Statue etc. on Public Land and Their Removal". Briefly put, the initial PIL filed by one Amit Verma alleged that a statue of former MLA Indrabhadra Singh had been installed on land belonging to the Government in Sultanpur. During the hearing, State counsel raised a preliminary objection that the PIL was politically motivated. However, this allegation was denied by the petitioner's counsel.. Without delving into the motive, the Bench, on September 25, noted: "Considering the importance of the issue, as often we find that petitions come up before this Court either for installation of a statue or for removal of existing statue built on public land…we direct the Registry to register a suo motu Public Interest Litigation…" The Court further directed that the State of Uttar Pradesh and other opposite parties including the District Magistrate to respond to the PIL. It also directed the authorities to conduct an inquiry as to the land on which the statue as alleged has been constructed, whether it is Government land, if so, could a statue have been installed therein, if not, then what is the procedure to be followed for removing the statue or resolving the issue. The bench also referred to two Government Orders of May 1997 and September 2008 and the Supreme Court judgment in Union of India vs. State of Gujarat & Others to note that the HC is duty-bound to implement the directions of the Apex Court regarding regulation and removal of unauthorized structures on public land. Pursuant to the HC's order, affidavits were filed by opposite party No. 1, 2 & 3. On October 31, the division bench perused the affidavits and observed that the District Magistrate's affidavit was silent on the procedure for removing statues installed on government land. It thus directed the DM to file a supplementary affidavit clarifying the steps to be followed if any such illegal installations exist. The Bench also directed the Executive Officer of the Nagar Palika, Sultanpur, to file an affidavit explaining under what circumstances the two statues, as indicated in the DM's affidavit, were installed. The bench has also asked as to whether these statues were installed by the Nagar Palika and to make a specific statement to that effect along with details of what action is proposed to be taken in that regard. The matter is now to be listed on November 25, 2025, as fresh.Case title - In Re Installation Of Statue Etc. On Public Land And Their Removal vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 6 OthersClick Here To Read/Download Order

Ex-MLA's Statue Installed On Govt Land? Allahabad High Court Registers Suo Moto PIL, Seeks Removal Plan For Illegal Structures

Sparsh Upadhyay

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