The Allahabad High Court has dismissed a public interest litigation with costs of Rs 5,000 on the person who filed it seeking the vacating of a playground which itself encroaches upon public land.
A single-judge bench of Justice Prakash Padia passed this order while hearing a PIL filed by Satish Chandra.
In this petition, the petitioners have preferred the petition inter-alia with the following prayer:-
“(i) issue a writ, order or direction in the nature of mandamus directing & commanding the respondents no 2, 3, 4, 5 and 6 to make vacant playground land being Khasra No. 474-0.070 hectare situated in Gram Panchayat Kaser, Pargana Gangiri Chharra, Tehsil Atrauli, District Aligarh immediately within some specific time.”
On 23.03.2022 the following order was passed:-
“The petitioner has preferred present writ petition inter-alia with the prayer to direct the respondents no.2, 3, 4, 5 and 6 to make vacant playground land being Khasra No.474-0.70 hectare situated in Gram Panchayat Kaser, Pargana Gangiri Chharra, Tehsil Atrauli, District Aligarh immediately within some specific time.
Today when the matter was taken up, instructions received from office of respondent no.4-Sub Divisional Magistrate, Pargana Gangiri, Chharra, Tehsil-Atrauli, District Aligarh dated 23.3.2022 was placed before the Court, same is taken on record. Copy of the instruction was also provided to counsel for the petitioner.
It is stated in the aforesaid instructions that encroachment has been made by the petitioner himself over the Plot No.474. The spot memo was also prepared in presence of the petitioner on 23.12.2021. It is further stated in the aforesaid instructions that illegal possession over the plot has been removed by the petitioner in presence of revenue officials and villagers.
It is argued by Sri Krishna Kant Singh, counsel for the respondent-Gram Sabha that the present petition is liable to be dismissed imposing exemplary costs upon the petitioner because the material facts have been concealed by him while filing the present writ petition.
As prayed by counsel for the petitioner, three days’ time is granted to seek further instructions in the matter.
Put up as fresh on 28.03.2022. In case it is found that the allegations contained in the instructions are found to be true, the Court will impose exemplary costs upon the petitioner.”
When the matter is taken up, a prayer has been made by the counsel for the petitioners to dismiss the petition.
“Since the material of fact has been concealed by the petitioners while filing the petition, the petition is dismissed with costs, which is quantified at Rs 5,000/- (Rupees five Thousand only) to be deposited by the petitioner with the Registrar General of the Court within one month from today, failing which the same shall be recovered from the petitioner as arrears of land revenue. The Registrar General shall thereafter transmit the amount to the High Court Legal Services Committee, Allahabad,” the Court ordered.