Allahabad High Court
VIJAY SINGHversusTHE STATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The petition is dismissed as it lacks merit and no sufficient ground exists to restrain the construction of the Barat Ghar.
Summary
The petitioner, Vijay Singh, filed a public interest litigation seeking a court order to halt the construction of a Barat Ghar on plot no.996 in Village Tosh, Mathura, alleging that the site adjoined the Gram Pradhan's land and that villagers were not properly consulted. The petitioner claimed the Gram Pradhan was using his position to favor the construction and that the villagers opposed the project, demanding a spot inspection before any construction. The respondents, the State of U.P. and others, opposed the petition, arguing there was no substantive ground to stop the construction. The Court examined the representations and found that the villagers' objections were vague, offered no alternative site, and did not establish a reasonable basis to restrain the project. It also held that the alleged conflict of interest of the Gram Pradhan was not a sufficient legal ground to intervene. Consequently, the Court dismissed the petition as lacking merit.
Issues considered
- Whether the construction of the Barat Ghar on plot no.996 should be restrained on the basis of alleged conflict of interest and lack of proper village consultation
- Whether the petitioner's representations constitute a justiciable ground for a court injunction
Subjects
- Public Interest Litigation
- Land Use
- Construction Permit
- Village Governance
- Procedural Fairness
- Conflict of Interest
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 986 of 2026
Vijay Singh
.....Petitioner(s)
Versus
The State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mahesh Kumar Kuntal, Yatindra
Counsel for Respondent(s) : Avinash Chandra Srivastava, C.S.C.
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Sri Yatindra, learned counsel for the petitioner, learned
Standing Counsel for the State respondent nos.1 to 5 and Sri Avinash
Chandr Srivastava, learned counsel for the respondent no.6.
2. The present petition has been filed seeking a direction to the
respondents to stop the construction of Barat Ghar over plot no.996
situated in Village Tosh, Tahsil Sadar, District Mathura and further the
respondent no.3 be directed to make spot inspection before permitting the
construction of Barat Ghar, ensuring the interest of villagers at large.
3. It is contended by the learned counsel for the petitioner that the present
Barat Ghar is at a place where adjacent to it the land of Gram Pradhan
lies, therefore, the Barat Ghar should be constructed at some another plot
of the Gaon Sabha. It is further contended that the proposal for
construction of Barat Ghar was not approved after proper information to
the villagers. He has further submitted that most of the villagers have
opposed the construction of Barat Ghar over plot no.996.
4. Petition is opposed by learned Standing Counsel and learned counsel
for the respondent no.6.
5. I have considered the submissions of the learned counsel for the parties
and perused the record.
6. The reasons for opposing construction of Barat Ghar over plot no.996
are bald and vague. The representations given by the villagers only state
WPIL No. 986 of 2026
2
that the Barat Ghar on the present place should not be constructed but no
alternative place has been suggested by the villagers in their
representation.
7. The submission of learned counsel for the petitioner that the Pradhan is
constructing Barat Ghar over plot no.996 because adjacent to it his own
land existed, is not a reasonable ground for stopping the construction of
Barat Ghar. Other argument of learned counsel for the petitioner that
Gram Pradhan being Bhumidhar of adjacent plot will encroach upon
Barat Ghar, is also misconceived and unsustainable. No justifiable reason
has been placed before the Court on which construction of Barat Ghar
could be stopped.
8. In view of the aforesaid, the present petition lacks merit and is,
accordingly, dismissed.
(Arun Kumar,J.)
April 20, 2026
Ashok Kr.
Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad
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