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How Public Land Will Be Saved From Unauthorized Construction In Name Of Religious Places: Allahabad High Court Asks UP Govt

Sparsh Upadhyay
9 Sep 2021 3:33 PM GMT
How Public Land Will Be Saved From Unauthorized Construction In Name Of Religious Places: Allahabad High Court Asks UP Govt
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The Allahabad High Court last week asked the Uttar Pradesh Government to submit a report disclosing a comprehensive plan and proposed consequential government action as to how the public lands are going to be saved from unauthorized construction in the name of religious places.The Bench of Justice Ajit Kumar was hearing a contempt plea wherein it was alleged that the State Government had...

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The Allahabad High Court last week asked the Uttar Pradesh Government to submit a report disclosing a comprehensive plan and proposed consequential government action as to how the public lands are going to be saved from unauthorized construction in the name of religious places.

The Bench of Justice Ajit Kumar was hearing a contempt plea wherein it was alleged that the State Government had not complied with the order of the Court passed in Writ- C No.- 26941 of 2013.

In this order, passed on September 13, 2013, the High Court had directed the district administration/public authorities to take immediate steps to remove unauthorized constructions for religious purpose wherever they have been raised on public places and to stop further constructions in public places.

It was contended before the court by the applicant, Abdul Kayyum that the said petition was still pending and the interim order was still operating and has not been modified to date.

Importantly, it was further argued that the encroachment upon the public land could be seen from bare eyes and that it was unfortunate that the authorities were sitting tight over the matter and is filing affidavit after affidavit with lame excuses.

Against this backdrop, the Standing Counsel submitted that some time may be granted to comply with the direction as issued and therefore, the Court granted 30 days' time.

Lastly enquiring from the Additional Chief Secretary, Home, Government of U.P., Lucknow, Avnish Kumar Awasthi to submit a report disclosing a comprehensive plan and proposed consequential government action as aforesaid, the Court also directed thus:

"Let affidavit to the above effect be filed on or before the next date fixed failing which he shall appear before this Court to show cause as to why contempt proceedings may not be drawn under Section 12 of the contempt of courts act, 1971 against him."

The matter has now been listed for further hearing on October 5, 2021.

Case title - Abdul Kayyum v. Sri Neeraj Gutpa Prin. Secy. Home Lko. And 3 Others

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