The Allahabad High Court has initiated a Suo motu PIL to investigate encroachment allegations on land allocated to the Indian Army in Ayodhya, Uttar Pradesh. This action follows concerns raised regarding unauthorized occupation of the defense land in the region.
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UTTAR PRADESH: Recently, The Allahabad High Court has taken the initiative to address allegations of encroachments on land allocated to the Indian Army in Ayodhya, Uttar Pradesh. The Court has initiated a Suo motu Public Interest Litigation (PIL) case to thoroughly examine these claims and ensure the protection of defence land.
The PIL case originated from a petition filed by an advocate from Ayodhya. The advocate raised concerns about unauthorized occupation of defence land and the failure of civil or district authorities to address this issue promptly.
However, the Court decided to dispose of the lawyer’s PIL plea after learning that a similar petition by the same litigant had previously been disposed of by a coordinate Bench of the High Court.
The Court decided to register a Suo motu PIL to delve deeper into the allegations. In an order dated April 22, the Court directed the Registry to register the case as “In Re: Protection of Defence Land at Ayodhya” and assigned it to the appropriate Bench for further examination.
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The Court emphasized the importance of preserving state land entrusted to the Ministry of Defence and stated-
“We emphasize that the state-owned land allocated to the Ministry of Defence must not be subject to encroachment or misuse in violation of the law.”
This directive was issued in the Court’s previous order in 2023, which disposed of the lawyer’s earlier PIL petition on the same issue.
Subsequently, another plea filed by the same lawyer with similar concerns was brought before Justices Rajan Roy and Om Prakash Shukla on April 22. The Ayodhya Development Authority, opposing the PIL, highlighted the lawyer’s criminal history, stating that he was accused in four criminal cases.
The authority’s counsel further mentioned that a previous petition filed by the lawyer had been dismissed by the High Court on May 25, 2023, considering his history. In response, the petitioner-lawyer’s counsel argued that the lawyer had been acquitted in most of these cases.
Considering the circumstances, the Bench decided to dispose of the lawyer’s PIL. Additionally, the lawyer was directed to disclose the May 2023 order in any future PILs filed by him.
The Court initiated a suo motu Public Interest Litigation (PIL) to probe the accusations of land encroachment by the Defence Ministry. The case was deliberated on April 24, during which the State government’s representative, advocate Nishant Shukla, disclosed that the land in question had been allocated to the Indian Army via a notification issued on January 20, 2021, for a five-year term. However, the ownership of the land had not yet been transferred to the Defence Ministry.
The Court was further informed that even before the 2021 notification, certain individuals were already occupying the land. These occupants continue to remain on the land, and there have been no subsequent illegal encroachments.
The Court is now awaiting a response from the Defence Ministry regarding the allegations of land encroachment. Senior Advocate and Deputy Solicitor General of India, SB Pandey, assisted by advocate Varun Pandey, sought time to obtain instructions from the Defence Ministry.
The next hearing on the matter is scheduled to take place after three weeks, allowing all parties involved sufficient time to present their arguments and gather necessary instructions.
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Advocates Nishant Mishra, Akhilesh Kumar Pandey, and Dinesh Kumar Mishra served as legal counsel for the petitioner who initiated the PIL.
Representing the Ministry of Defence during the April 22 hearing was Additional Solicitor General of India, Ashish Chaturvedi. Advocate Prashant Kumar Singh appeared on behalf of specific land residents seeking to intervene during the April 24 hearing.
Case Title:
Suo Moto In Re Protection Of Defence Land At Ayodhya
