The Allahabad High Court on Tuesday directed the Uttar Pradesh Government to remove within three days all the encroachments including graves, mazaars or mosque constructed or created within the Alfred Park in Prayagraj.
The Division Bench of Acting Chief Justice Munishwar Nath Bhandari and Justice Piyush Agarwal passed this order while hearing a PIL filed by Jitendra Singh Vishen And Another.
In the matter, the High Court passed a detailed order on September 30, 2021 after giving reference to the judgment of the Apex Court in the case of Allahabad Ladies Club Versus Jitendra Nath Singh and others reported in (2007) 11 SCC 609.
The directions given by the Supreme Court were referred to in the previous order. The judgment of the Supreme Court was based on a judgment of this Court in the case of Arun Kumar Vs. Nagar Mahapalika, Allahabad and others reported in 1987 SCC OnLine All 379.
When the compliance of the judgment in the case of Arun Kumar (supra) was not made, an Execution Case No. 1 of 1991 was filed arising out of Civil Misc Writ Petition No. 19296 of 1986 before the High Court which was also decided on June 02, 1999 after seeking two reports by the Committee indicating area of encroachments in the park.
The Court noted, “Despite the report indicating the encroachments, actions were not taken to remove it in strict compliance of the judgment of this Court in the case of Arun Kumar and modified by the Apex Court in the case of Allahabad Ladies Club (supra).
The petition was filed accordingly to save the park in consonance with the provisions of Sections 6 and 7 of the Uttar Pradesh Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975. The officers who were called found no reasons for default.
The Court did not find action against all the encroachers indicated by the Committee and otherwise should have been determined by the respondents pursuant to the judgment of the Supreme Court in the case of Allahabad Ladies Club. The Court, accordingly, found a failure of the Authorities to carry out the directions of the Court so as the Apex Court and therefore, the writ petition.
The Court was not inclined to adjourn the matter because inaction is not only in defiance of the order passed by the Court but of the Apex Court also.
“However, on a request for immediate action in the matter, let the matter be listed on October 8, 2021 as fresh for further arguments enabling the respondents to produce the report after removing all the encroachments after taking note of the judgment and directions of the Apex Court in the case of Allahabad Ladies Club (supra) and also the judgment in Execution Case No. 1 of 1991 arising out of Civil Misc Writ Petition No. 19296 of 1986, decided on 2nd June, 1999,” the court ordered.
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