The Allahabad High Court has refused to intervene in the dispute between the Zila Panchayat, Shahjahanpur and the Nagar Palika Parishad regarding the auction rights to cut 17 trees coming in the way of bridge construction while considering it not a matter related to public interest.
A Single Bench of Justice Manjive Shukla heard the petition filed by Pramod Kumar Yadav.
The petitioner has filed the public interest litigation primarily pleading therein that 17 trees are standing on the land belonging to Zila Panchayat, Shahjahanpur and for construction of a bridge, the said trees are put to auction by Nagar Palika Parishad, Shahjahanpur.
Counsel for the petitioner has submitted that since Zila Panchayat, Shahjahanpur is the owner of the aforesaid trees, therefore, Nagar Palika Parishad, Shahjahanpur while putting the said trees for auction and allowing to cut those trees is proceeding without jurisdiction. Therefore, larger public interest is affected.
The Court considered submissions advanced by the counsel for the petitioner and the Court found that concern in the matter is only with respect to jurisdiction amongst two different local bodies over the trees in question and the petitioner wants that in place of Nagar Palika Parishad, Shahjahanpur, Zila Panchayat, Shahjahanpur may proceed to auction and allow to cut those 17 trees.
The Court further found that if there is any issue regarding ownership of the trees that is a cause for Zila Panchayat, Shahjahanpur to contest the matter but in no way the said issue can be held to be connected with larger public interest which petitioner alleges to raise in the writ petition.
In the circumstances of the case, the Court also found that matter in question is not related to larger public interest as the petitioner himself has said that the trees can be put to auction and cut by Zila Panchayat, Shahjahanpur.
In view of the aforesaid, the Court observed that larger public interest is not involved in the matter and accordingly the public interest litigation is dismissed.