Allahabad High Court
M/S Ansal Properties & Infrastructure ... vs State Of U.P. And Others on 25 January, 2010
Bench: Sunil Ambwani, Virendra Singh
Court No. - 19 Case :- WRIT - C No. - 254 of 2009 Petitioner :- M/S Ansal Properties & Infrastructure Ltd. Respondent :- State Of U.P. And Others Petitioner Counsel :- Neeraj Tiwari,S.M.A. Kazmi,Tahira Kazmi Respondent Counsel :- C.S.C.,C.S.Singh,Chandan Kumar,Chandra Kumar,P.C.Shukla,Prem Chand,V.B. Mishra Hon'ble Sunil Ambwani,J.
Hon'ble Virendra Singh,J.
This bench has been formed today to deliver the judgments reserved by us. A mention was made by Shri S.M.A. Kazmi, Senior Advocate, that he has moved an application with notice to all the respondents for urgent interim order to stay the constructions of the 'Solid Waste Management Plant alleged by the petitioner to be a dumping yard. It is alleged by him, that there was an interim order operating in favour of the petitioner. The Court did not continue the interim orders as the matter was being heard, but since one of us (Hon'ble Mr. Justice Sunil Ambwani) is sitting at Lucknow for six weeks, the interim orders may be revived and extended. It is submitted by him that the respondents have re- started the constructions, changing the nature of the land.
The photographs produced by Shri S.M.A. Kazmi do not show that any constructions are going on, on the land in dispute. The area alleged to be used for boring is not clear in the picture. Two of the scanned photographs show that some one is levelling the land with a tractor.
We are not prima facie satisfied that any constructions are being raised.
Shri Prem Chand appearing for Nagar Nigam, Ghaziabad also states that no constructions have been re-started on the land in dispute.
We therefore do not find any good ground to grant any interim order or to revive and extend interim orders at this stage.
List for hearing on 18.2.2010 at 02.00 PM.
Order Date :- 25.1.2010 RKP