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Synopsis

The Allahabad High Court recently observed that new kind of Maharajas and princes have prop up after independence who could or have reached to power even for short period. Court said, "Politics is no longer a public service but a means to achieve power and wealth."

The bench of Justice DK Singh added, "The people are not pursuing merit as they find that merit is not recognised in this country. They believe that to earn wealth and power, one should enter politics......This phenomenon must be reversed if democracy has to survive in this country and society is to be governed by rule of law. Unscrupulousness must be eschewed. Merit is to be recognised and respected."

Court was hearing a Public Interest Litigation (PIL) moved against the allotment of public utility land in favour of certain private persons. As per the petitioner, a public utility land measuring 3 acres, belonging to the concerned Gram Sabha was allotted in favour of a Charitable Trust by the then District Magistrate in 1987.

The private Trust namely, Gyan Yog Charitable Trust was created by one Radhey Shyam Agarwal, a retired IAS officer for charitable purposes in 1986. After the consolidation operation undertaken in the village, the DM resumed the said land in favour of Agarwal purportedly in exercise of powers conferred under sub-section (6) of Section 117 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 by an order dated January 30, 1987.

The petitioner challenged this order before the High Court alleging the resumption of the land in favour of the private Trust as illegal, arbitrary and mala fide.

After the death of the retired IAS officer, name of his eldest son, Rajeev Agarwal got recorded against the said land. Upon the said land, Maruti Car showroom of Concept Cars Limited is situated and the petitioner also demanded an independent inquiry into the matter and a direction to remove the showroom. 

However, the defendant parties argued before the court that the petitioner in the PIL held a personal grudge against the Concept Cars Limited and the plea was filed with mala fide intentions therefore, it deserved to be dismissed. 

Rejecting this argument, Court held that petition could not have been thrown out on the ground of alleged grudge of the petitioner as it involved a question of huge public importance regarding allotment of public utility land in favour of the private persons in an arbitrary and illegal manner.

Court said, "The legal fraud played by the public authority for benefit of the private persons at the expense of public at large cannot be condoned. In the present case, even if it is believed that the petitioner has some personal grudge or score to settle with opposite party no.5 and his sons, the cause espoused by him in this writ petition is of greater public importance."

Persuing the material on record and facts and circumstances of the case, Court concluded that the order passed by the then District Magistrate in 1987 was void ab initio inasmuch as it created the right in respect of the public utility land, which was recorded as ‘Jangal Dhak’ in revenue record of the relevant khatauni Fasli Years.

Court noted that in respect of the public utility land, no bhumidhari right can be accrued. Accordingly, allowing the plea, Court directed Concept Cars Limited and other illegal occupants of the land in question to be evicted within 15 days.

The District Magistrate, Hardoi after a three members committee report had already cancelled the resumption and allotment order of 1987 vide order dated June 4, 2021 which was stayed by the Board of Revenue in March 2022. Orders of eviction were already passed in compliance of the order passed by the District Magistrate on June 4, 2021. 

Case Title: Sharad Kumar Dwivedi v. State of U.P. and Ors.