Court No. - 37
Case :- WRIT - C No. - 20566 of 2019 Petitioner :- M/S Ai-Shabez Frozen Foods Pvt. Ltd.
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Santosh Kumar Srivastava,Alka Srivastava Counsel for Respondent :- C.S.C.,Jagannath Maurya
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Piyush Agrawal,J.
Heard Sri Santosh Kumar Srivastava, learned counsel for the petitioner, Sri Jagannath Maurya, learned counsel appearing for respondent nos. 2 and 3 and learned standing counsel for the State respondents.
This writ petition has been filed for quashing the notice dated 30.5.2019 issued by the Zonal Officer, Zone -D, Meerut Development Authority, Meerut, respondent no.3 by which the construction of the petitioner has been sealed on the spot.
Earlier the petitioner moved an application for compounding the construction of the petitioner as M/S Ai-Shavez Frozen Foods Pvt. Ltd. This application was rejected by the Vice Chairman, Meerut Development Authority, Meerut by the order dated 23.12.2017 holding that the construction of the petitioner was raised on Plot Nos. 775, 779, 779 MI of Village Alipur Jijmana, Hapur Road, Meerut, which were allocated as agricultural land in the Master Plan, as such, the construction of the petitioner cannot be compounted. Later on the petitioner moved a fresh application on 23.4.2018 by which he has sought for compounding of the construction as slaughter house. In this application it has been pointed out that on the agricultural plots as allocated in the Master Plan permission to run a slaughter house can be granted under special permission of the Development Board. On this application a report was called for from the revenue authorities, who has submitted the report mentioning that Plot No. 779 is situated at 12 meter wide road. It is alleged that compounding fee has already been deposited by the petitioner on 23.4.2018 but no order on the application of the petitioner has been passed till today. In the meantime the Vice Chairman, Meerut Development Authority, Meerut has issued the impugned notice dated 30.5.2019 directing to seal the construction of the petitioner for demolition.
Considering the facts and circumstances of the case, without entering into the controversy raised by the parties, this writ petition is disposed of directing the Zonal Officer, Meerut Development Authority, Meerut to decide the application of the petitioner dated 23.4.2018 by passing a reasoned and speaking order within a period of one month from the date of production of a certified copy of this order. Till disposal of the application dated 23.4.2018 the construction raised by the petitioner on the Plot nos. 775, 779, 779 MI of Village Alipur Jijmana, Hapur Road, Meerut, shall not be demolished.
Order Date :- 24.6.2019 samz