Criminal

Encroachments on a Public Road is a “Public Nuisance”.

By passing an Order in a Public Interest Litigation the Hon’ble High Court of Judicature at Allahabad, held that “Encroachments on a Public Road is a Public Nuisance”.

By disposing of the Public Interest Litigation bearing  (PIL) No. 1624 of 2020, The Division Bench (consisting of Hon’ble Shri Govind Mathur, Chief Justice and Hon’ble Shri Saurabh Shyam Shamshery , Justice ) held that :- This petition for writ is preferred  to remove encrachments on a public road at Gata no. 86, Mauja Imliya, Pargana Katehar, Tehsil Sadar, District Varanasi.

Admittedly, the encroachment said to be existing is a public nuisance and for removal of that, the Petitioner is having efficacious remedy under section 133 of the code of criminal procedure 1973.”

The Hon’ble court has granted the liberty to the petitioner to approach the appropriate forum by placing an application under the relevant provisions of section 133 of the Criminal Procedure code and accordingly the Petition was disposed of on 8/1/2020.

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