RAM BACHAN SINGHversusSTATE OF U.P. AND 4 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD

     PUBLIC INTEREST LITIGATION (PIL) No. - 24227 of 2014

Ram Bachan Singh
                                                             .....Petitioner(s)
                                   Versus
State Of U.P. And 4 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s)       : K.K. Singh, Prashant Kumar Tripathi,
                                  R.S. Kushwaha
Counsel for Respondent(s)       : C.S.C., Dharmendra Pratap Singh

Court No. - 2
                 HON'BLE ATUL SREEDHARAN, J.
                 HON'BLE SIDDHARTH NANDAN, J.

1. Heard Sri R.S. Kushwaha, learned counsel for the petitioner and Ms.
Priyanka Midha, learned Additional Chief Standing Counsel along with Ms.
Kritika Singh, learned Additional Chief Standing Counsel for the State.

2. The aforesaid PIL was filed seeking removal of encroachment over plot
No.138Ga-M (3.6760 hectare), 139M (0.0100 hectare), 144M (0.1260
hectare), 160M (1.3910 hectare) situated in Village Khilchi Rajdiha, Pargana
Keramgaror, Tehsil Chakiya, District Chandauli.

3. Ms. Kritika Singh, learned Additional Chief Standing Counsel has filed an
affidavit which is taken on record.

4. On perusal of the affidavit in which copy of the Khatauni has been
annexed for the Fasli year 1427-1422 and also the order dated 24.02.2022
passed by the SDO which indicate that the order dated
23.04.1997/25.04.1997 by way of which the category of plot No.148-Ga (1-
00) was changed, has been set aside in a proceeding under Section 38(1) of
the U.P. Revenue code, 2006 and as a consequence, the said plots are
restored in the category of Tal (category 6-2) and thereafter proceeding
under Section 67 has been initiated against the person who are found to be in
unauthorized of occupation, over the land in question. She has further
submitted that out of the total 58 encroachers, 13 have already been
removed; and remaining 45 encroachers have though preferred a restoration
application, the said proceedings are pending consideration before the
Tehsildar, Chakiya.
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5. In view of the aforesaid affidavit, we do not find it appropriate to keep the
present PIL pending as the concerned authorities are already ceased with the
matter. However, we make it clear that the proceedings under 67(1) of the
U.P. Revenue Code shall be brought to it's logical end, expeditiously and
preferably within a period of six months from today, unless there is some
legal impediment.

6. However, before parting with the aforesaid case, we would also like to
observe, in view of what has been stated by the State in its affidavit that the
remaining 45 encroachers are landless poor persons and who have made
their temporary constructions and we find that right to shelter being a
fundamental right and the State also, in its duty to enforce directive
principals of State policy, is required to provide shelter to such landless poor
persons; and the U.P. Revenue Code, 2006 also makes provision for
allotment of Aabadi Sites under Section 63 of the Code, 2006; and Section
64 of the Code, 2006 provides the order of preference which shall be
observed in making allotment of land referred to in Section 63. For ready
reference Sections 63 & 64 of the Code, 2006 are reproduced hereinbelow:

     "63. Land which may be allotted for abadi sites- (1) The Sub-Divisional
     officer may of his own motion or on the resolution of the Bhumi
     Prabandhak Samiti earmark the following classes of land for the
     provision of abadi sites for allotment to persons specified in section 64:—

     (a) all lands entrusted or deemed to been trusted to a [Gram Panchayat]
     under clause (i) of sub-section (2) of section 59 ;

     (b) all lands coming into possession of [Gram Panchayat] under any
     other provision of this Code ;

     (2) Notwithstanding anything contained in any other provision of this
     Code or in the U. P. Panchayat Raj Act, 1947, the Bhumi Prabandhak
     Samiti may, with the previous approval of the Sub-Divisional Officer,
     allot the following classes of land for the purposes of building houses :—

     (a) [any vacant land referred to in sub-section (1) ] ;

     (b) any land earmarked for abadi sites under the Uttar Pradesh
     Consolidation of Holdings Act, 1953 ;

     (c) any land acquired under the provisions of Land Acquisition Act, 1894
     (Act no. 1 of 1894) and The Right to Fair Compensation and
     Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
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     2013 (Act no. 30 of 2013)

     64. Allotment of abadi sites- (1) The following order of preference shall
     be observed in making allotment of land referred to section 63 :—

     (a) an agricultural labourer or a village artisan residing in the [Gram
     Sabha] and belonging to a scheduled caste or scheduled tribe or other
     backward Classes or a person of general category living below poverty
     line as determined by the State Government.

     (b) any other agricultural labourer or a village artisan residing in the
     [Gram Sabha].

     (c) any other person residing in the [Gram Sabha] and belonging to a
     scheduled caste or scheduled tribe or other Backward Classes or a
     person of general category living below poverty line as determined by the
     State Government ;

     Provided that preference will be given to widow and physically
     handicapped person within same category.

     Explanation— For the purposes of this sub-section —

     (1) “other backward class” means the backward classes of citizens
     specified in Schedule-1 of the Uttar Pradesh Public Services (Reservation
     for Scheduled Castes, Scheduled Tribes and Other Backward Classes)
     Act, 1994 (U. P. Act No. 4 of 1994)

     (2) “person of general category living below poverty line” means such
     persons as may be determined from time to time by the State Government.

     (2) In making an allotment under this section, preference shall be given to
     a person who either holds no house or has insufficient accommodation
     considering the requirement of his family.

     (3) Every land allotted under this section shall be held by the allottee on
     such terms and conditions as may be prescribed [:]

     [ Provided that if the allottee is a married man and his wife is alive she
     shall be co-allottee of equal share in the and so allotted. ]"

7. The Court is cognizant of the fact that removing an encroachment, though
over a public land is a necessity for the State to conduct its affair but at the
same time, the object cannot be to uproot an individual and take away his
right to shelter and to restore the State land. We find it the State duty also to
rehabilitate or provide a shelter to such landless and poor persons, as per law
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                                    and depending on the factual position.

                                    8. In view of the aforesaid and the statement of the State that in case they
                                    find it absolutely necessary to evict the said landless persons over the
                                    encroached land of the State, they may also consider making allotment in
                                    view of the provisions under the U.P. Revenue Code, more specifically
                                    under Section 63 read with Section 64 of the Code, the PIL stands disposed
                                    of.

                                    March 18, 2026
                                    R.S. Tiwari
                                                                (Siddharth Nandan,J.) (Atul Sreedharan,J.)




Digitally signed by :-
RAVI SHANKAR TIWARI
High Court of Judicature at Allahabad