Arun Kumar Mishra And Ors. vs State Of U.P. Thru. Secy. Ministry Of Home

vi. to allow the writ petition with cost in favour of the petitioner."

4. The encroachments alleged in the relief clause are mentioned in Annexure no.2 which is a sketch map. Various pleadings have been filed by the respective parties in pursuance to orders passed from time to time. There is also report submitted by Chief Judicial Magistrate, Sitapur dated

30.06.2018 in compliance of order of this Court dated 30.05.2018.

5. Having heard learned counsel for the parties and having perused the records what we find from the affidavit filed by Nagar Palika, Sitapur along with an application dated 18.12.2024, interalia, is that originally, the land bearing Land Survey No.147, measuring 1.45 acres belonged to the Cantonment Board which was handed over by Military Estate Officer, Lucknow Circle to the Notified Area Committee, Sitapur on 05.05.1939. Thereafter, the Nagar Palika, Sitapur was constituted and the land was taken over by it. In general land register, the description of land is mentioned as vacant. Copy of the said general land register is on record. It has also been stated in the said affidavit that total area of the land is 107859 sq. ft. out of which an area of approximately 33900 sq. ft. is in the shape of park, namely, Shaheed Park. Thereafter, another park, namely, Nehru Park is for children (Bal Udyan) over an area of approximately 44236 sq. ft. Apart from it, on portions of the said land, there is a 'Nalkup' in an area approximately of 11475 sq. ft., office of District Information Officer in approximately 7644 sq. ft. and a basic school (classes 1 to 5) and an office in an area approximately 10530 sq. ft. The park area referred hereinabove is being maintained by Nagar Palika, Sitapur. It is also informed by Sri Chauhan, learned counsel for Nagar Palika that as regards the wall constructed in between the Nehru Bal Udhyan and Shaheed Park, the same is necessary because the Bal Udhyan is meant for small children and contains various swings etc and if elders are allowed in 3 WPIL No. 22819 of 2016 the said park, it would not be in the interest of the children that is why the wall has been constructed.

6. Sri Rishabh Tripathi, learned counsel appearing for Basic Education Officer, Sitapur has filed an affidavit today mentioning that under the policy of pairing of schools as the number of students studying in school situated on the said land as noticed hereinabove was less than fifty, therefore, the students who were earlier studying have been transferred to another school situated barely 200 meters away and now, the building of the school is proposed to be used for elementary school. He says that the said building of the school has been in existence since prior to 1972 i.e. coming into force of the Basic Education Act, 1972. Learned counsel for Nagar Palika says both the parks are being maintained and shall continue to be maintained properly. If there is any garbage on the land then Nagar Palika, Sitapur would be obliged to clean the said land including the park area as also other area so that proper hygiene is maintained and residents are able to use it properly. In this context, learned counsel for the petitioner has placed before us certain photographs. We direct the Nagar Palika, Sitapur to get an on the spot inspection conducted to ascertain cleanliness of the area and ensure it properly from time to time. In this regard, if any of the petitioners approaches the Nagar Palika, Sitapur then the Executive Officer of the Nagar Palika will do the needful promptly.

7. In view of the aforesaid, we see no reason to issue any direction for removal of the wall. As regards allegation of the petitioners that some plotting was taking place on the land in question which is a huge chunk of land, it is said that after orders were passed by this Court, the plotting was stopped. The district authorities including Nagar Palika shall be obliged to ensure that any land is not encroached or usurped illegally. Apart from it, we find ourselves unable to issue any other direction in view of the facts already noticed hereinabove. In this context, we may refer to report of Chief Judicial Magistrate dated 30.06.2018, according to which, the land in question is an old park which is being maintained by Nagar Palika Parishad, Sitapur, however, it is not known as to when the park was established and in what form and as to who made it into a park. He has mentioned the factual position as existing on the land in question. During course of hearing, we asked learned counsel for the petitioner to kindly 4 WPIL No. 22819 of 2016 demonstrate, firstly, the number of the land in respect to which this P.I.L. has been filed and secondly, that it was recorded as a park in any record, if so, when was the park given its shape, however, he was unable to do so. Looking into the facts and circumstances of the case, if the petitioners have any other grievance they can approach the Nagar Palika Parishad or avail such other remedies as may be applicable. We cannot in a public interest litigation go beyond this point. So far as the existing parks are concerned, they shall be maintained by Nagar Palika or whosoever is responsible for the same. If there are any grievances with regard to existing parks, the petitioners can approach Nagar Palika Parishad which shall be considered accordingly as per law. Every attempt shall be made as far as possible to remedy the grievances in this regard.

8. Accordingly, the petition is disposed of. September 8, 2025 Shanu/- (Manjive Shukla,J.) (Rajan Roy,J.) SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench

vi. to allow the writ petition with cost in favour of the petitioner."

4. The encroachments alleged in the relief clause are mentioned in Annexure no.2 which is a sketch map. Various pleadings have been filed by the respective parties in pursuance to orders passed from time to time. There is also report submitted by Chief Judicial Magistrate, Sitapur dated

30.06.2018 in compliance of order of this Court dated 30.05.2018.

5. Having heard learned counsel for the parties and having perused the records what we find from the affidavit filed by Nagar Palika, Sitapur along with an application dated 18.12.2024, interalia, is that originally, the land bearing Land Survey No.147, measuring 1.45 acres belonged to the Cantonment Board which was handed over by Military Estate Officer, Lucknow Circle to the Notified Area Committee, Sitapur on 05.05.1939. Thereafter, the Nagar Palika, Sitapur was constituted and the land was taken over by it. In general land register, the description of land is mentioned as vacant. Copy of the said general land register is on record. It has also been stated in the said affidavit that total area of the land is 107859 sq. ft. out of which an area of approximately 33900 sq. ft. is in the shape of park, namely, Shaheed Park. Thereafter, another park, namely, Nehru Park is for children (Bal Udyan) over an area of approximately 44236 sq. ft. Apart from it, on portions of the said land, there is a 'Nalkup' in an area approximately of 11475 sq. ft., office of District Information Officer in approximately 7644 sq. ft. and a basic school (classes 1 to 5) and an office in an area approximately 10530 sq. ft. The park area referred hereinabove is being maintained by Nagar Palika, Sitapur. It is also informed by Sri Chauhan, learned counsel for Nagar Palika that as regards the wall constructed in between the Nehru Bal Udhyan and Shaheed Park, the same is necessary because the Bal Udhyan is meant for small children and contains various swings etc and if elders are allowed in 3 WPIL No. 22819 of 2016 the said park, it would not be in the interest of the children that is why the wall has been constructed.

6. Sri Rishabh Tripathi, learned counsel appearing for Basic Education Officer, Sitapur has filed an affidavit today mentioning that under the policy of pairing of schools as the number of students studying in school situated on the said land as noticed hereinabove was less than fifty, therefore, the students who were earlier studying have been transferred to another school situated barely 200 meters away and now, the building of the school is proposed to be used for elementary school. He says that the said building of the school has been in existence since prior to 1972 i.e. coming into force of the Basic Education Act, 1972. Learned counsel for Nagar Palika says both the parks are being maintained and shall continue to be maintained properly. If there is any garbage on the land then Nagar Palika, Sitapur would be obliged to clean the said land including the park area as also other area so that proper hygiene is maintained and residents are able to use it properly. In this context, learned counsel for the petitioner has placed before us certain photographs. We direct the Nagar Palika, Sitapur to get an on the spot inspection conducted to ascertain cleanliness of the area and ensure it properly from time to time. In this regard, if any of the petitioners approaches the Nagar Palika, Sitapur then the Executive Officer of the Nagar Palika will do the needful promptly.

7. In view of the aforesaid, we see no reason to issue any direction for removal of the wall. As regards allegation of the petitioners that some plotting was taking place on the land in question which is a huge chunk of land, it is said that after orders were passed by this Court, the plotting was stopped. The district authorities including Nagar Palika shall be obliged to ensure that any land is not encroached or usurped illegally. Apart from it, we find ourselves unable to issue any other direction in view of the facts already noticed hereinabove. In this context, we may refer to report of Chief Judicial Magistrate dated 30.06.2018, according to which, the land in question is an old park which is being maintained by Nagar Palika Parishad, Sitapur, however, it is not known as to when the park was established and in what form and as to who made it into a park. He has mentioned the factual position as existing on the land in question. During course of hearing, we asked learned counsel for the petitioner to kindly 4 WPIL No. 22819 of 2016 demonstrate, firstly, the number of the land in respect to which this P.I.L. has been filed and secondly, that it was recorded as a park in any record, if so, when was the park given its shape, however, he was unable to do so. Looking into the facts and circumstances of the case, if the petitioners have any other grievance they can approach the Nagar Palika Parishad or avail such other remedies as may be applicable. We cannot in a public interest litigation go beyond this point. So far as the existing parks are concerned, they shall be maintained by Nagar Palika or whosoever is responsible for the same. If there are any grievances with regard to existing parks, the petitioners can approach Nagar Palika Parishad which shall be considered accordingly as per law. Every attempt shall be made as far as possible to remedy the grievances in this regard.

8. Accordingly, the petition is disposed of. September 8, 2025 Shanu/- (Manjive Shukla,J.) (Rajan Roy,J.) SHANU SUMAN High Court of Judicature at Allahabad, Lucknow Bench