Allahabad High Court
Raj Kamal Gupta & Anr. vs State Of U.P.Thru.Addl.Chief ... on 6 January, 2021
Bench: Rajan Roy, Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 6
Case :- MISC. BENCH No. - 270 of 2021
Petitioner :- Raj Kamal Gupta & Anr.
Respondent :- State Of U.P.Thru.Addl.Chief Secy.Urban Development,Lko.&Ors
Counsel for Petitioner :- Shishir Chandra
Counsel for Respondent :- C.S.C.,M.K. Dixit
Hon'ble Rajan Roy,J.
Hon'ble Saurabh Lavania,J.
Heard.
Counsel for the parties agree that a similar writ petition bearing Writ Petition No. 74 (MB) of 2021, Ashutosh Kumar Gupta v. State of U.P., has been decided today by a Coordinate Bench in the following terms :
"Heard learned counsel for petitioners, learned Standing Counsel for respondents no. 1, 2 & 3 and Shri M. K. Awasthi, learned counsel for respondent no. 4.
Through this petition the petitioners have assailed impugned notice dated 05.12.2020 issued by respondent no. 4 under Section 211 of U.P. Municipalities Act, 1916 for demolishing shop premises owned and occupies by petitioners which have been treated as encroachment on Sankata Devi Road, Lakhimpur Kheri.
It is next contended that the petitioners have already submitted objections to the said demolition notices however the same has not been decided till date. Learned counsel for petitioners further submits that the respondents are treating the road i.e. Sankata Devi Road, Lakhimpur Kheri as 45 feet wide however on record it is much less than that.
Learned counsel for petitioners further submits that he has specifically pleaded in paragraph 21 that the petitioners have no objections against the removal of encroachments and they are ready to cooperate in removal of encroachment; if any; after proper determination of encroachments on the basis of actual width of existing Sankata Devi Road of Nagar Palika Parishad, Lakhimpur Kheri and the petitioners further undertake to remove their shops or premises if it is found that the same are encroachment on the road.
In view of the aforesaid undertaking and with consent of parties the petition is disposed of with a direction to respondent no. 4 to decide the pending objections of the petitioners by passing a reasoned and speaking order and after verifying from the relevant records the actual width of the road. The petitioners shall serve a copy of the order within three days from today before the respondent no. 4. Respondent no. 4 shall decide the objections of the petitioners within one month thereafter. Till the objections are decided no coercive action shall be taken against the petitioners for demolition."
They pray that this matter may be disposed off accordingly in the aforesaid terms.
In view of the above this writ petition is disposed off in terms of the judgment quoted above. The petitioners in this writ petition shall be entitled to the benefit of the observations/directions contained in the said judgment.
.
(Saurabh Lavania, J.) (Rajan Roy, J.)
Order Date :- 6.1.2021
A.Nigam
