Allahabad High Court
SHYAMLAL PALversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The PIL is not maintainable because the petitioner has an alternative efficacious remedy under Sections 61, 61-A and 62‑B of the Indian Forest Act, 1927.
Summary
The petitioner filed a public interest litigation seeking a court order to remove illegal encroachments on Plot No.424, recorded as forest land in Jaunpur district. The respondents argued that the petition was not maintainable because the petitioner had not approached the appropriate forest authority under Sections 61, 61-A and 62-B of the Indian Forest Act, 1927. The court held that an alternative efficacious remedy exists under the said provisions, making the PIL inadmissible. Consequently, the petition was dismissed. The court directed the petitioner to approach the designated forest authority for relief.
Issues considered
- Whether a public interest litigation seeking removal of encroachments on forest land is maintainable when the petitioner has not approached the forest authority under the Indian Forest Act, 1927.
Legislation cited
- Indian Forest Act, 1927 — s. 61, 61-A, 62-B
Subjects
- public interest litigation
- forest land
- illegal encroachment
- maintainability
- alternative remedy
- Indian Forest Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2352 of 2026
Shyamlal Pal
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Singh
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 51
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for
the respondents State. Sri Bhupendra Kumar Tripathi has accepted notice on
behalf of Gaon Sabha.
2. The present writ petition has been filed seeking a direction to the
respondent authorities to remove the illegal encroachment made by
encroachers over Plot No.424 area 0.07050 hectare, recorded as forest land
in the relevant revenue records, relating to Village Lurkhuri, Tehsil Kerakat,
District Jaunpur.
3. Learned Additional Chief Standing Counsel, at the outset, states that the
present petition in the form of public interest litigation seeking direction
from this Court to remove the encroachments over plot in question recorded
as forest land is not maintainable, as the petitioner has not approached the
appropriate authority under Sections 61, 61-A and 62-B of the Indian Forest
Act, 1927.
4. In view of the fact that the petitioner has an alternative efficacious remedy
under the aforesaid provision of law, the present PIL is not maintainable.
5. In the aforesaid circumstances, the present writ petition is disposed of
with liberty to the petitioner to approach the appropriate authority under the
provisions of the Indian Forest Act, 1927.
October 1, 2026
Anil
(Arun Kumar,J.)
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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