The Allahabad High Court has held that if an interim application against demolition is pending, in such case the demolition action cannot be done during the pendency of such application.
“A general mandamus has been issued where it has been provided that interim applications should be dealt with and that during the pendency of such interim application, the authorities should not take steps for executing demolition orders. In our considered opinion, general mandamus issued by the order dated 15.10.20 is more adequate protection for the petitioner and that no further direction needs to be issued by this Court afresh, it is so because there is no provision for issuing repeated mandamus.”
The above observation has made by the Division Bench of Justice Anjani Kumar Mishra and Justice Prakash Padia while disposing off a plea filed by Pradeep Kumar against the demolition action of Meerut Authority during the pendency of Interim application.
The facts of the present case is that in proceedings under the Urban Planning and Development Act, an order was passed for demolition of unauthorized construction raised by the petitioner. Against the order, the petitioner has filed an appeal before the Commissioner which has been admitted but no orders are stated to have been passed on the application for interim relief.
The petitioner has filed this petition because it is alleged that respondents have put a mark to delineate the constructions which are liable to be demolished.
The petitioner has submitted that no demolition be carried out during the pendency of the appeal filed by the petitioner which has already been admitted.
Case details
Case :- WRIT - C No. - 24958 of 2020
Petitioner :- Pradeep Kumar @ Pradeep Dhaka
Respondent :- Commissioner, Meerut Devision And 3 Ors.
Counsel for Petitioner :- Rishu Mishra,Pankaj Dubey
Counsel for Respondent :- C.S.C.,Kuldeep Singh Chauhan
Quorum: Justice Anjani Kumar Mishra and Justice Prakash Padia
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