Allahabad High Court
Amar Jeet Singh Karla And Another vs The State Of U P And 4 Others on 13 April, 2023
Bench: Sunita Agarwal, Nand Prabha Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 29
Case :- WRIT - C No. - 13 of 2023
Petitioner :- Amar Jeet Singh Karla And Another
Respondent :- The State Of U P And 4 Others
Counsel for Petitioner :- Pooja Singh,Abhishek Chauhan,Shailendra Pratap Singh,Vinayak Mithal
Counsel for Respondent :- C.S.C.,Satyavrat Sahai
Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Ms. Nand Prabha Shukla,J.
In Re: Civil Misc. (Application) No. 4 of 2023/Clarification Application
The present application has been filed to seek clarification of the judgment and order dated 24.2.2023 whereby on the inspection report dated 16.10.2022 of the technical experts namely the Engineer Architect and Uppar Nagar Ayukt, direction was issued to the Municipal Commissioner, Nagar Nigam, Prayagraj to ensure completion of the demolition exercise after giving notice or opportunity to all the occupants of the house in question to remove their belongings and vacate the house in question within the period of three weeks from the date of the order. Compliance report was directed to be submitted before this Court by the next date fixed.
On a time extension application filed by the petitioners herein, four weeks further time has been granted to the petitioners to vacate the house in question.
In the clarification application, the attention of the Court is invited to the notice dated 17.12.2022 sent by the Municipal Commissioner, Nagar Nigam, Prayagraj to the owners and occupiers of the building in question including the petitioners herein.
It is sought to be pointed out from the said notice as also the technical expert report dated 16.10.2022 that apart from the shops situated at the ground floor of the house in question, remaining portion of the building is in dilapidated condition. It is also indicated in the inspection report as also the notice dated 17.12.2022 that a Projection (Chajja) towards the main road is also in dilapidated condition.
Opinion has, thus, been formed by the Nagar Ayukt, Nagar Nigam, Prayagraj while putting the owners and occupiers to notice that in public interest, first floor and dilapidated portion of the house in question/building is required to be demolished. The notice, thus, states that the owners/occupiers shall take action for demolition of the dilapidated portions of the building in question or else the proceedings under Section 331 of the U.P. Municipal Corporation Act, 1959 would be undertaken.
It is argued by Sri Vinayak Mithal learned Advocate appearing for the applicants/petitioners that the shops at the ground floor of the building in question may be protected in light of the report dated 16.10.2022 and the notice dated 17.12.2022. The submission is that the need for filing clarification application arose as there was no clarity in this regard in the order impugned and a direction has been issued to the Nagar Nigam, Prayagraj to carry out the demolition exercise and submit a compliance report.
Sri Satyavrat Sahai learned Advocate appearing for the respondent-Nagar Nigam, Prayagraj, however, looking to the contents of the technical expert report and the notice, raises an apprehension that in view of the dilapidated condition of the first floor of the building in question, there is a likelihood of damage being caused to the shops existing at the ground floor of the building in question.
It is submitted that the owners and occupiers of the building in question are not in a position to carry out the demolition exercise and hence it is incumbent upon the Nagar Nigam, Prayagraj to complete the demolition exercise so as to save public life. The mandate of Section 331 of the U.P. Municipal Corporation Act, 1959 has to be adhered to by the Nagar Nigam, Prayagraj.
Noticing the above, we provide that the Nagar Nigam, Prayagraj shall make an endeavour to demolish the entire dilapidated structure of the building in question namely the first floor and other dilapidated portions as indicated in the report dated 16.10.2022, reiterated in the notice dated 17.12.2022. The Projection towards the main road is also to be demolished as it is in dilapidated condition as per the report.
During the demolition exercise, effort must be made to save the structure existing at the ground floor, which is the shops in tenancy as indicated in the report dated 16.10.2022 and the notice dated 17.12.2022. However, in case of any damage caused to the portion of the ground floor, i.e. the shops in tenancy because of the demolition of the first floor of the building in question, the Nagar Nigam, Prayagraj shall not be responsible in any manner. After removal of the debris from the site in question after carrying the demolition exercise, repairing of the remaining portions shall be conducted by the owners/occupiers on their own.
In any case, in order to ensure smooth completion of the demolition exercise, the shops in question are required to be vacated by the petitioners/applicants herein.
The extended period of time for vacating the shops in question is expiring on 18th April, 2023.
Sri Satyavrat Sahai learned Advocate for the respondent-Nagar Nigam, Prayagraj submits that since the area in question is a crowded place and the festival of Eid is on 22nd April, 2023, it would not be possible for the Nagar Nigam, Prayagraj to complete the demolition exercise prior to the festival of Eid.
We, therefore, provide that the petitioners/applicants herein shall vacate the shops in question on or before 28th April, 2023.
The lock and key of the shops in question shall be handed over to the Executive Engineer, Nagar Nigam, Prayagraj on 28th April, 2023 by the evening.
The demolition exercise shall, thereafter, be completed by the Nagar Nigam, Prayagraj within a further period of 15 days.
The District Collector, Prayagraj and the Commissioner, Police Commissionerate Prayagraj shall extend all possible support to the Nagar Nigam, Prayagraj to complete the demolition exercise in a peaceful manner. After completion of the demolition exercise, the possession of the shops in question shall be handed over to the petitioners/tenants.
However, it is further clarified that in case, any damage is caused to the shops in question during the demolition exercise despite best efforts made by the Nagar Nigam, Prayagraj, they will not be responsible in any manner.
With the above observations and directions, while clarifying the order dated 24.2.2023 to the above extent, the application is disposed of.
Order Date :- 13.4.2023
Brijesh
