HC directs SDM, Malihabad to carry out survey of water park

The petitioner filed certain photographs which prima facie indicated that some permanent construction had been raised on the said land for commercial purposes, which might not be permissible, the court said.

LUCKNOW: The Lucknow bench of the Allahabad high court has directed the SDM, Malihabad, and any other relevant authority to conduct a complete survey of the disputed land on the Gomti riverbed, which is allegedly encroached upon by some individuals and where construction has been raised for a water park. The court sought a report on this matter through the district magistrate of Lucknow.

The court further stated that to maintain ecological balance, the land situated on the riverbeds can be utilised for developing greenery or amusement parks without allowing any permanent structure to be raised thereon. (Sourced)

This order was passed by a division bench comprising Justice AR Masoodi and Justice Brijraj Singh on February 5, which was uploaded on Wednesday, in response to a public interest litigation (PIL) petition filed by Deepak Shukla. The petition raised grievances regarding the alleged grabbing of public land on the Gomti riverbed by seven opposite parties. These parties allegedly merged the said land into the water park for commercial purposes. The petitioner sought directives for strict action to save the riverbed land for ecological balance.

The petitioner filed certain photographs which prima facie indicated that some permanent construction had been raised on the said land for commercial purposes, which might not be permissible, the court said. The court further stated that to maintain ecological balance, the land situated on the riverbeds can be utilised for developing greenery or amusement parks without allowing any permanent structure to be raised thereon.

“Let a complete survey of the disputed land be conducted by the sub-divisional magistrate, Malihabad, and any other such authority under whose jurisdiction the land in dispute may be situated,” the court ordered.

It further directed that the court shall be informed of any permanent construction raised by the opposite parties, if any, and whether prior sanction was obtained therefor. The state government may also consider the development of the said land for greenery purposes, considering ecological balance under a well-defined scheme, if so decided.

Listing the matter for further hearing on March 12, the court left it open in the meantime, the execution of the order passed by the SDM, Malihabad in 2019 under section 67 (Taking possession of encroached land of Gram Sabha by the authorities) of the UP Revenue Code, 2006.