The Madhya Pradesh High Court has suggested to the petitioner that he being a public-spirited person, must initiate an awareness drive among the public at large against encroachment and may also approach the competent authority on that behalf.
The Gwalior Division Bench of Justice Rohit Arya and Justice Milind Ramesh Phadke disposed of a PIL filed by one Lokendra Singh Rawat, a self-styled social activist claiming to be Upadhayaksh of Gramin Mandal, Sabalgarh, seeking indulgence in the matter of construction of sewage lines, for which funds are alleged to have been sanctioned by the state government, but action has not so far been taken in that behalf by the local authority.
On notice, Dharmendra Naik appeared for the respondent authority and questioned the status of the petitioner as Upadhyakash, Gramin Mandal, contending that there was no such body in law or otherwise in existence in the area.
The petitioner has improperly explained his status. Hence, this petition deserves to be dismissed on that count only, he added.
Nevertheless, in fact there is a personal rivalry between the petitioner and the Zila Panchayat Member over an issue of encroachment. To settle the scores between them, the instant W.P. is filed under the pretext of delay in constructing sewage lines.
The petitioner, therefore, has come with some oblique motive to attain a collateral purpose. In any case, respondent authority is prepared to lay sewage lines as per the sanction of the government after the encroachment is removed in the area.
For that purpose, the petitioner may be directed to approach the competent authority and make efforts for removing encroachment facilitating commencement of the constructions of sewage lines, Naik suggested.
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While considering the arguments, the Court held that the suggestion appears to be reasonable and therefore the PIL is disposed of with suggestion to the petitioner that he being a public-spirited person, must initiate an awareness drive among the public at large against encroachment and may also approach the competent authority on that behalf.
The Court has no reason to doubt the assurance given by Ajay Bhargav, Counsel that the petitioner shall do everything for the betterment of the area, including removal of the encroachment.