Allahabad High Court
TARACHANDversusSTATE OF U.P. AND 8 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The court directed the Tehsildar to decide the pending cases under Section 67(1) of the U.P. Revenue Code, 2006 within two months, rather than ordering immediate removal of the encroachments.
Summary
The petitioner filed a public interest litigation seeking a court direction to remove illegal encroachments on several revenue‑recorded plots in Village Sultanpur, Dadri Tehsil. The court noted that the Tehsildar had already initiated proceedings under Section 67 of the Uttar Pradesh Revenue Code, 2006 against the encroachers, and that an amendment to Section 59(6) of the Uttar Pradesh Urban Planning and Development Act, 1973 requires the development authority to act where encroachments fall within notified urban areas. The court therefore did not order immediate removal but directed the Tehsildar to decide the pending cases under Section 67(1) within two months, after hearing all parties. For plots within the jurisdiction of the Noida Authority, the petitioner was advised to file an application with that authority. The petition was consequently disposed with these directions.
Issues considered
- Whether the court should issue a direction for immediate removal of the illegal encroachments on the specified plots.
- Whether the pending proceedings under Section 67 of the U.P. Revenue Code, 2006 are sufficient to address the encroachments.
- How the amendment to sub‑section (6) of Section 59 of the U.P. Urban Planning and Development Act, 1973 impacts the authority’s duty to act on encroachments within notified urban areas.
Legislation cited
Subjects
- public interest litigation
- illegal encroachment
- U.P. Revenue Code
- Section 67
- U.P. Urban Planning and Development Act
- Section 59(6)
- land reclamation
- Tehsildar
- Noida Authority
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3817 of 2025
Tarachand
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar Dubey, Dilip Kumar
Goswami
Counsel for Respondent(s) : C.S.C., Sunil Kumar Singh
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Anil Kumar Dubey, learned counsel for the petitioner,
learned Standing Counsel for the State respondents and Sri Rohit Yadav,
holding brief of Sri Sunil Kumar Singh, learned counsel for the
respondent Gaon Sabha.
2. The present petition has been filed seeking a direction to the
respondent authorities to ensure removal of illegal encroachment made by
encroachers/private respondents over plot nos.503 & 504 recorded as
School and plot no.598 recorded as Khalihan and plot no.601 recorded as
Banjar in the relevant revenue records relating to Village Sultanpur,
Tehsil Dadri, District Gautam Buddha Nagar.
3. In pursuance of the direction of this Court, the instruction dated
10.02.2026, sent by the Tehsildar, Dadri, Gautam Buddha Nagar, has
been placed before the Court by learned Standing Counsel, which is taken
on record.
4. Perusal of the aforesaid instruction shows that the proceedings under
Section 67 of the U.P. Revenue Code, 2006 have already been initiated
against the encroachers in respect of plot nos.598 and 601, which are
pending consideration at different stages before the concerned Tehsildar
as Case Nos.
T202511270248797, T202611270207246, T202611270207242,
WPIL No. 3817 of 2025
2
T202611270207247, T202611270207248, T202611270207249
T202611270207250, T202611270207251, T202611270207252
T202611270207241 and T202511270207394
It is further stated that in view of the recent amendment in the provision
of sub-section (6) of section 59 of the Code where encroachments are
found within the areas which are notified under the U.P. Urban Planing
and Development Act, 1973, the development authority shall initiate
appropriate action.
5. In view of the aforesaid, the present petition is disposed of with
direction to Tehsildar, Dadri, Gautam Buddha Nagar, to decide the
aforementioned cases under Section 67(1) of the U.P. Revenue Code,
2006, pending before him, in respect of plot in question, by passing
appropriate order, in accordance with law, after hearing all the parties
concerned, within a period of two months from the date of presentation of
a certified copy of this order. In respect of plots which fall within the
territorial limits of Noida Authority, petitioner will be at liberty to make
appropriate application under the relevant provision of law before the
concerned authority.
(Arun Kumar,J.)
May 18, 2026
Ashok Kr.
Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad
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