The Allahabad High Court has refused to stop the construction of the proposed 24 Kosi Parikrama Marg in Sambhal district, holding that a public infrastructure project undertaken in larger public interest cannot be stalled merely because it may affect a private landowner's commercial plans. At the same time, the Court directed the district administration to identify and demarcate the exact portion of the petitioners' land that would be used for the project, enabling them to decide how the remaining land could be utilized.
Background of the Case
The petition was filed by M/s Shri R.K. Cold Storage and General Mills and three others, who sought directions restraining the State authorities from constructing the 24 Kosi Parikrama Marg over portions of their agricultural land in villages Farakhpur and Firozpur, Sambhal district.
The petitioners argued that they intended to establish a cold storage facility on the land by raising financial assistance through loans. According to them, the proposed road project would interfere with the planned construction, causing substantial financial hardship and affecting the viability of the project.
Court's Observations
A Division Bench of Justice J.J. Munir and Justice Arun Kumar noted that the Parikrama Marg is a significant public project being implemented under the State Government's policy relating to the Kalki Dham pilgrimage.
Rejecting the plea to halt construction, the Bench observed,
"Individual interest must yield to larger public interest carried in Government policies that subserve such interest."
However, the Court accepted the petitioners' concern regarding uncertainty over the extent of land required for the project. It directed them to approach the District Magistrate, Sambhal, who would ensure that the portion of land falling within the proposed road alignment is properly demarcated, while the remaining land is separately identified through suitable markings.
The Bench further clarified that if the remaining portion of land is legally suitable, the petitioners may construct their proposed cold storage only on that unaffected area and not within the land required for the Parikrama Marg.
Court's Decision
Disposing of the writ petition, the Allahabad High Court declined to restrain the construction of the 24 Kosi Parikrama Marg. Instead, it directed the District Magistrate, Sambhal, to demarcate the land that would be acquired for the project and distinguish it from the remaining property.
The Court also ordered that its decision be communicated to the District Magistrate and the Executive Engineer, Public Works Department, Sambhal, within 48 hours.
Case Details
Case Title: M/s Shri R.K. Cold Storage and General Mills and 3 Others v. State of U.P. and 4 Others
Case Number: Writ - C No. 23779 of 2026
Judge: Justice J.J. Munir and Justice Arun Kumar
Decision Date: June 22, 2026
