Pradeep Kumar Singh Baghel, Piyush Agrawal, J. - (1.) This Public Interest Litigation (PIL) has been instituted by the petitioner, who claims to be the Chairman of the Legal Cell of the registered Society, "Support India Welfare Society". One of the objects of the Society is to take up the cause of public importance for its redressal for the marginal sections of the society.
(2.) The grievance raised in this Public Interest Litigation is in respect of illegal encroachments over pond over Plot Nos. 253 and 254 situated at Village - Rajpur, Tehsil and District - Agra by the land mafias in collusion with the local officials. The said plots are intended to be used for the construction of multi-storey building by the powerful and influential persons of the city. It is stated that in the District - Agra, the land mafias are indulged in encroachments of the public utility land, particularly, ponds/water bodies. The petitioner has brought on the record a copy of the revenue record to demonstrate that Plot Nos. 253 and 254 are recorded as pond (Pokhar).
(3.) It is stated that the petitioner had made several representations to the concerned authorities and when no action was taken, the petitioner filed Public Interest Litigation No. 4502 of 2018, which was disposed of by this Court vide order dated 4th October, 2018, directing the District Magistrate, Agra to take appropriate action, in accordance with law. Pursuant to the order of this Court, the petitioner submitted a detailed representation on 22/27th October, 2018 before the District Magistrate, Agra. The District Magistrate, Agra directed to conduct an inquiry and it was found that Plot Nos. 253 area 0.1150 hectare has been encroached upon by the RCL Public School and a direction was issued to the Nagar Nigam, Agra for the removal of the encroachment and to restore the pond. It is stated that in spite of the order of the District Magistrate, Agra dated 6th May, 2019, no effective step has been taken for the removal of the encroachment. The petitioner has brought on the record some of the documents to indicate that the encroachment still exist.;