Allahabad High Court
FARZANA BIBIversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
The petition is dismissed as it does not qualify as a public interest litigation.
Summary
The petition, filed by elected Corporator Farzana Bibi as a public interest litigation, challenged notices issued by the Nagar Nigam Varanasi under the U.P. Nagar Nigam Act, 1959 that declared certain houses in the Dal Mandi area dilapidated and threatened demolition. The petitioner sought the production of all related records, inspection reports, and a restraining order against any coercive action without a scientific survey. The High Court observed that the dispute was essentially a private grievance of the property owners and not a matter of public interest. It held that a corporator cannot invoke the PIL jurisdiction to question the corporation's actions in a case that does not affect the public at large. Consequently, the petition was dismissed for lack of maintainability as a PIL.
Issues considered
- Whether a petition filed by a municipal corporator challenging municipal notices under the U.P. Nagar Nigam Act, 1959 can be entertained as a public interest litigation.
- Whether the matter falls within the public interest jurisdiction of the High Court.
- Whether the petitioner has locus standi to raise the grievance on behalf of the affected property owners.
Legislation cited
- U.P. Nagar Nigam Act, 1959
Subjects
- public interest litigation
- municipal corporation
- demolition
- due process
- U.P. Nagar Nigam Act
- private grievance
- standing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1180 of 2026
Farzana Bibi
.....Petitioner(s)
Versus
State of U.P. and 6 others
.....Respondent(s)
Counsel for Petitioner(s) : Fatma Anjum, Syed Ahmed Faizan (Sr.
Advocate)
Counsel for Respondent(s) : A.K. Goyal, A.C.S.C., Vineet Sankalp
Chief Justice's Court
HON'BLE ARUN BHANSALI, CHIEF JUSTICE
HON'BLE KSHITIJ SHAILENDRA, J.
1. This petition purportedly in public interest has been filed by an elected
Corporator of Nagar Nigam Varanasi seeking to question the notices
issued by the Nagar Nigam Varanasi under the provisions of U.P. Nagar
Nigam Act, 1959 (for short, 'the Act of 1959') to house numbers indicated
in the relief clause and seeking placing on record all relevant records,
inspection reports, survey reports, technical assessment committee details,
photographs and videography relating to the declaration of the houses as
dilapidated in Dal Mandi area of Varanasi.
2. Further relief has been sought for restraining the authorities from taking
any coercive action including demolition etc. against the houses in Dal
Mandi area of Varanasi without following due process of law by
conducting scientific survey.
3. A perusal of the petition would indicate that the petitioner, in her
capacity as Corporator, is seeking to question the action taken by the
Corporation under the provisions of the Act of 1959.
4. The action is being taken against the properties and the owners of the
said properties. Filing of PIL, in a case of present nature by invoking the
public interest jurisdiction of this Court, cannot be countenanced.
5. The notices have been issued to the individuals and if they have any
grievance, they can always approach the court of competent jurisdiction
WPIL No. 1180 of 2026
2
challenging the validity of the notices/action. For the petitioner, an elected
Corporator, to take upon herself to question the action of the Corporation
does not fall within public interest under any circumstance.
6. Consequently, we do not find any reason to entertain the present
petition filed in the nature of PIL, the same is therefore, dismissed.
(Kshitij Shailendra,J.) (Arun Bhansali,CJ.)
May 6, 2026
Sandeep/RK
Digitally signed by :-
SANDEEP KUMAR
High Court of Judicature at Allahabad
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