Allahabad HC Refuses to Halt 24 Kosi Parikrama Marg, Directs DM Sambhal to Demarcate Petitioner's Land

A Division Bench declined to restrain construction of the 24 Kosi Parikrama Marg over agricultural plots in Sambhal, holding that individual interest must yield to larger public interest. The court instead directed the District Magistrate to demarcate the affected land so the petitioner could decide whether a cold storage remained viable on the remainder.

A Division Bench of the Allahabad High Court, comprising Hon'ble J.J. Munir, J. and Hon'ble Arun Kumar, J., on 22 June 2026 disposed of a writ petition filed by M/S Shri RK Cold Storage and General Mills and three others against the State of Uttar Pradesh and four others. The petitioners had sought a direction restraining the respondents from constructing the 24 Kosi Parikrama Marg over specific plots in District Sambhal. The bench declined to grant any such restraint, holding that the Parikrama Marg is an important public project carried out in accordance with government policy, and that individual interest must yield to larger public interest. To address the petitioner's practical concern about the extent of land affected, the court directed the District Magistrate, Sambhal to demarcate the relevant plots and communicate the outcome within 48 hours.

The Dispute Before the Court

The petitioners own several plots in Tehsil and District Sambhal. The affected land comprises gata no. 332/2 admeasuring 0.340 hectares in Village Farakhpur, and gata nos. 615/0.14, 617/0.410 and 620/0.520 in Village Firozpur. The State Government's 24 Kosi Parikrama Marg — described in the petition as a religious project connected with Kalki Dham Teerth — was being routed over portions of these plots.

The petitioners' counsel, Dharm Vir Jaiswal and Harsh Vikram, argued that the petitioners intended to construct a cold storage facility on this land and had plans to raise a loan for that purpose. Their case was that if the Parikrama Marg were constructed as planned, it would physically interfere with the proposed cold storage and cause the petitioners financial embarrassment, including jeopardising the loan they intended to take.

The Legal Issue

The core question before the Division Bench was whether a private commercial interest — the proposed construction of a cold storage — could justify restraining a State Government infrastructure project undertaken as part of public policy. The petitioners did not challenge the acquisition or the policy itself; they sought only to prevent the Parikrama Marg from being built over their specific plots.

How the Bench Reasoned

The bench was unequivocal. It characterised the 24 Kosi Parikrama Marg as “an important public project done in accordance with the policy of the Government.” Applying the settled principle that individual interest must yield to larger public interest served by government policy, the court held that it could not restrain the construction.

The bench did not, however, leave the petitioners without any recourse on the factual question of how much of their land would actually be consumed by the project. Counsel for the petitioners had pointed out that the petitioners did not know the precise extent of the land that would be covered by the Parikrama Marg. The bench treated this as a legitimate practical concern and fashioned a limited direction to address it.

The court clarified that even if some land remained after the Parikrama Marg was carved out, any cold storage could only be constructed on that remainder — and only if its construction was otherwise permissible in proximity to the Parikrama Marg. The bench left it to the petitioners to decide, once the demarcation was done, whether a cold storage on the truncated parcel remained a viable proposition.

Directions Issued

The bench directed the petitioners to approach the District Magistrate, Sambhal. The District Magistrate was directed to cause the portion of the petitioners' land falling within the Parikrama Marg to be demarcated, and to mark out by suitable means the portion that would be left out of the project. This demarcation exercise was to give the petitioners a clear picture of what land, if any, remained available for their proposed cold storage.

The court further directed that its order be communicated to the District Magistrate, Sambhal and the Executive Engineer, Public Works Department, Sambhal through the Chief Judicial Magistrate, Sambhal. The Registrar (Compliance) was required to effect this communication within 48 hours of the order.

Outcome

The writ petition was disposed of on 22 June 2026. No restraint was granted against the construction of the 24 Kosi Parikrama Marg. The petitioners were directed to approach the District Magistrate, Sambhal for demarcation of the affected plots. Any cold storage construction on the remaining land was made subject to applicable permissions and proximity norms relative to the Parikrama Marg.