Petitioners' individual interests in land usage must yield to larger public interest, demarcation of affected land permitted.
In a significant ruling, the Allahabad High Court has emphasized the precedence of public interest over individual interests in the case concerning the construction of the Kosi Parikrama Marg, a public project of religious and cultural significance. The Division Bench, consisting of Justices J.J. Munir and Arun Kumar, delivered the judgment on June 22, 2026, in response to a writ petition filed by M/s Shri Rk Cold Storage and General Mills and others.
The petitioners had sought to restrain the construction of the Kosi Parikrama Marg over portions of their land, which they intended to use for establishing a Cold Storage facility. They argued that the construction of the project would interfere with their plans and cause financial difficulties.
However, the court ruled that the Kosi Parikrama Marg is an important public project undertaken in accordance with government policy, serving a larger public interest. The bench reiterated that individual interests must yield to public interests when government projects are involved.
In a bid to address the concerns of the petitioners, the court directed them to approach the District Magistrate of Sambhal for the demarcation of the land affected by the project. The court instructed that the portion of the petitioners' land not involved in the project should be clearly marked, allowing them to decide on the feasibility of constructing their Cold Storage on the remaining land, subject to legal permissions.
The court also ordered the communication of its decision to the District Magistrate and the Executive Engineer of the Public Works Department in Sambhal through the Chief Judicial Magistrate.
This judgment underscores the judiciary's role in balancing individual rights with public interests, particularly in projects of significant public and cultural importance.
Bottom line:-
Individual interest must yield to larger public interest when it comes to government projects that serve the public good. The petitioner may approach the District Magistrate for demarcation of land affected by the project.
Statutory provision(s): Constitution of India - Public Interest vs. Individual Interest, Land Acquisition.
