'Pained To Notice Multiple Petitions Over Unauthorized Construction Of Panchayat Bhawans In UP Villages': Allahabad HC Seeks Authority's Personal Affidavit

Update: 2020-11-28 08:18 GMT
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The Allahabad High Court on Tuesday rapped the UP Government for its failure to prevent unauthorized construction of Panchayat Bhawans in villages across the State and directed the Principal Secretary of the State Panchayati Raj department to seek instructions as to plausible reliefs in the matter. A Division bench of Justices Pankaj Mithal and Saurabh Lavania at Lucknow sternly...

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The Allahabad High Court on Tuesday rapped the UP Government for its failure to prevent unauthorized construction of Panchayat Bhawans in villages across the State and directed the Principal Secretary of the State Panchayati Raj department to seek instructions as to plausible reliefs in the matter.

A Division bench of Justices Pankaj Mithal and Saurabh Lavania at Lucknow sternly remarked that in case of such illegal constructions, the concerned Government Official should be held accountable.

"We are noticing that every day several writ petitions relating to unauthorized construction of Panchayat Bhawan in Villages throughout the State of U.P. are coming up before this Court. We are pained to notice such a situation. However, the concerned State Department is not taking any action to curb such kind of unnecessary litigation.

There is no redressal forum for settling such grievances. In such type of disputes, some Government Official should be made responsible and accountable but it appears that there is no provision in this regard," the Bench observed.

It directed the Standing Counsel to obtain instructions in the matter and file a counter affidavit.

Notice has also been issued to the Principal Secretary, Panchayati Raj, Government of U.P. to file his personal affidavit indicating as to how many writ petitions relating to construction of Panchayat Bhawan in various Villages throughout the State of U.P. have been filed and the action proposed to be taken to remedy it so that litigation in this regard may not be generated in future.

The affidavits are to be filed within two weeks.

The direction has come in a writ petition filed by one Nan Bachcha, alleging that even though plot number 78/02 was earmarked by the Government for construction of the Panchayat Bhawan at the Sarkahi village near Bahraich District, the construction was being done at plot number 34.

The Court remarked that it has seen a surge in such petitions and directed that steps must be taken to resolve such cases. 

Matter is listed for hearing on December 9, 2020.

Case Title: Nan Bachcha v. State of UP

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