Ravindra Kumar And 6 Others vs State Of U.P. And 4 Others
2013 Latest Caselaw 7317 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 66533 of 2013
 

 
Petitioner :- Ravindra Kumar And 6 Others
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Vimlesh Kumar Rai,Shashi Nandan
 
Counsel for Respondent :- C.S.C.,Vivek Varma
 

 
Hon'ble Arun Tandon,J.

Hon'ble Anjani Kumar Mishra,J.

Petitioner's who are seven in number contend that their constructions in Mohalla Nadesar, Varanasi are existing since last more than 50 years and in any case since prior to the commencement of the U.P. Urban Planning and Development Act 1973. It is also their case that  whatever, further constructions have been raised subsequent to the enforcement of 1973 Act, have been so made after getting necessary plan sanctioned from the Development Authority.

Petitioner contend that the Public Works Department, Varanasi in the garb of widening the Nadesar Tiraha to Chauka Ghat Bridge road  want to arbitrarily demolish the constructions.

According to the petitioners the respondents are under legal obligation to resort to the provisions under the U.P. Urban Planning and Development Act or such other provisions as may be applicable in the matter of demolition by the authority concerned.

Having heard  learned counsel for the parties and examined the record, we are of the considered opinion that the petitioners' grievance in the matter of demolition being  effected only in accordance with laws appears to be justified.  We direct that the petitioner may represent their  grievance both  before respondent nos. 2 and 5 respectively at the first instant.

In view of the aforesaid, writ petition is disposed of with liberty to the petitioners to file their representations ventilating all their grievances before respondent nos. 2 and 5 respectively, within two weeks from today along with certified copy of this order. On such representation being made, respondent nos. 2 and 5 respectively shall consider and decide the same by means of a reasoned speaking order, preferably within four weeks thereafter.

For a period of six weeks from today, no demolition shall take place except in accordance with law.

Order Date :- 5.12.2013

Priyanka