Allahabad High Court
Jasbir Singh vs State Of U.P. Thru Prin. Secy. Housing & ... on 20 November, 2019
Bench: Pankaj Kumar Jaiswal, Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- MISC. BENCH No. - 15302 of 2019 Petitioner :- Jasbir Singh Respondent :- State Of U.P. Thru Prin. Secy. Housing & Urban Planning &Ors Counsel for Petitioner :- Anil Kumar Tripathi,Kunwar Ravi Prakash Counsel for Respondent :- C.S.C.,Ratnesh Chandra,Shobhit Mohan Shukla Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Alok Mathur,J.
Heard Sri Jasbir Singh, petitioner in person, learned Standing Counsel for respondent no. 1 and Sri Shobhit Mohan Shukla, learned counsel for respondent nos. 2 and 3. Inspite of notices having been served upon respondent no. 4, none is present on his behalf.
By means of this writ petition under Article 226 of the Constitution of India the petitioner has prayed for implementation and execution of the demolition order dated 08.03.2019, passed by the Lucknow Development Authority in Case No. 401/2018 and further to execute the appellate order dated 04.05.2019, passed by the Commissioner, Lucknow Division, Lucknow in Appeal No. 00808/2019.
The petitioner submits that he is owner and landlord of the Property No. C16-A (Khasra No. 685), Transport Nagar, Kanpur Road, Lucknow which was leased to the him by the Lucknow Development Authority and on part of which the respondent no. 4 - M/s One Up Motors India Pvt. Ltd. are the tenants.
Learned counsel for the respondents submits that the order for demolition have been passed for demolishing the unauthorised construction made by respondent no. 4. The demolition drive could not be carried out on 30.08.2019 and 04.10.2019 due to non availability of Police force. Sri Shobhit Mohan Shukla, learned counsel for the respondents further submits that application for providing Police force have been given to the District Magistrate and Senior Superintendent of Police on earlier occasion by the Development Authority.
In the view of the aforesaid, we direct respondent nos. 2 and 3 to take appropriate steps, as early as possible, if possible within a period of one month, to execute the order of demolition passed by the competent authority as well as by the appellate authority, after issuing notice to the respondent no. 4 to the effect that demolition drive is to take place for demolishing the unauthorised construction made by him.
Before demolishing the unauthorised construction, the authorities concerned must also verify as to whether any revision before the State Government or writ petition before this Court is pending or not.
With aforesaid, the writ petition stands disposed of.
Order Date :- 20.11.2019 A. Verma (Alok Mathur, J.) (Pankaj Kumar Jaiswal, J.)