Court No. - 1
Case :- WRIT - C No. - 33459 of 2019 Petitioner :- Shri Amit Kumar @ (Katiyar) Alias Amit Katiyar Respondent :- Kanpur Development Authority And 4 Others Counsel for Petitioner :- Himanshu Kumar,Arpit Katiyar,Zafar Naiyer (Sr. Adv.) Counsel for Respondent :- C.S.C.,Rohan Gupta,Shivam Yadav
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Zafar Naiyer, learned Senior Advocate assisted by Sri Himanshu Kumar, learned counsel for the petitioner, Sri Rohan Gupta, learned counsel for the Development Authority and perused the record.
By means of the present petition under Article 226 of the Constitution of India, the petitioner has approached this Court against the order of demolition passed by the Secretary, Development Authority dated 26.9.2019.
From the order passed by the Development Authority, it transpires that the petitioner was earlier issued with the notice of show cause dated 12.9.2019 to which petitioner did not submit any reply. From the perusal of the reply which has been brought on record as annexure no.9 to the writ petition, it does not transpire that this document was ever sent to the Development Authority by any prescribed mode of service. However, since the petitioner has a liberty to prefer an appeal against the order of demolition under Section 27 of the U.P. Urban Planning and Development Act, 1973, we are not inclined to interfere at this stage and are relegating the petitioner to avail remedy of appeal.
Accordingly, it is hereby provided that in case petitioner prefers an appeal within the period of fifteen days from today, the same shall be considered on merits and shall not be dismissed on the ground of delay. In case petitioner files an interim application for staying the order dated 26.9.2019, the same shall be considered in accordance with law.
Since the petitioner has enjoyed interim protection during pendency of this writ petition and it has been submitted that demolition can take place at any point of time, we further provide that for the period of fifteen days from today, the order dated 26.9.2019 shall not be pressed into service.
With the above observations and directions, the petition stands disposed of.
(Ajit Kumar, J.) (Ramesh Sinha, J.) Order Date :- 28.11.2019 Gaurav