The Allahabad High court has stayed the demolition of a residential complex allegedly built close to an ancient monuments where Lord Buddha died. The Division Bench comprised of Justices Naheed Ara Moonis and Justice Dinesh Pathak while hearing a petition filed by Noorjahan and another has held that,
“The writ petition is disposed of with the direction to the petitioners to approach the competent authority within two weeks from today by making a fresh representation/objection, which shall be considered and decided by the authority concerned in accordance with law within a month, thereafter, after giving due opportunity of hearing to the petitioners and after conducting survey of the concerned area.”
The petitioners has submitted before the court that the impugned order was passed for the demolition of the construction raised by the petitioners, treating it to be illegal in violation of Ancient Monuments and Archaeological Sites and Remains Act, 1958 as amended in 2010 has been passed without giving any opportunity of hearing and also without considering the reply/objection of the petitioners dated February 12 , 2021.
It has further submitted that the map of the construction was passed by the competent authority on June 16, 2010 for which no objection was ever raised by the respondents that the map has been obtained against the provisions of law. In fact, the petitioner’s houses/ buildings are more than 200 meters away from the prohibited area of the ancient monuments.
The respondent on behalf of the State Government has opposed the Writ Petition. It has submitted that show cause notice had already been given to the Petitioners in 2010 as well as in 2012, and yet they constructed their buildings/houses in the prohibited area. It has further submitted that by way of a notice dated January 30, 2021, an opportunity of hearing was given to the petitioners to file reply/objection within 15 days but they failed to reply the same.
“For a period of six weeks or till the date of decision taken by the authority concerned, no coercive action shall be taken against the petitioners by the respondents authorities.”
The above direction has passed by the bench without calling for the counter and rejoinder affidavits of the concerned parties. The Court, however, made it clear that the Respondents shall be at liberty to move a recall application, in case it is found that any facts or details given by the petitioner is incorrect.
Case details
Case :- WRIT - C No. - 6011 of 2021
Petitioner :- Smt. Noorjahan And Another
Respondent :- Union Of India And 6 Others
Counsel for Petitioner :- Gulrez Khan, Mir Sayed, Pervez Husain Khan, Sr. Advocate
Counsel for Respondent :- A.S.G.I.,C.S.C.
Bench: Justices Naheed Ara Moonis and Justice Dinesh Pathak
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