Court No. - 32
Case :- WRIT - C No. - 42341 of 2019 Counsel for Petitioner :- Nand Lal Pandey,Suyash Pandey Counsel for Respondent :- C.S.C.,Devi Prasad Mishra
Hon'ble Shashi Kant Gupta,J. Hon'ble Shamim Ahmed,J.
This writ petition has been filed, inter alia, for the following relief:
(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 25.11.2019 passed by the Zonal Officer, Prayagraj development Authority, Prayagraj (Annexure no. 16 to the writ petition).
Heard Mr. N.L. Pandey , learned counsel for the petitioner and Mr. Raj Mohan Upadhyay, learned counsel for the respondents no. 3 , 4 and 5 and perused the record.
From perusal of the record , it transpires that against the order dated 11.5.2017 passed by the Zonal Officer , Allahabad Development Authority , Allahabad whereby the construction raised by the petitioner was directed to be demolished, the petitioner filed an appeal before the Commissioner Allahabad division Allahabad. The said appeal was dismissed on 25.10.2017. Aggrieved with the said order, the petitioner filed a revision before the State Government, which was partly allowed vide its order dated 19.3.2018 and the matter was remanded to the Vice Chairman, Allahabad Development Authority, Allahabad for passing a fresh order after giving opportunity of hearing to the petitioner with regard to compounding of unauthorised construction.The record further reveals that in stead of submitting map for compounding, the petitioner filed an application for adjournment and a letter was issued by the Zonal Officer on 24.8.2019 asking the petitioner to submit a map for the purpose of compounding the alleged unauthorised construction. Since the petitioner failed to give any response to the said notice, the Zonal Officer had no option but to pass the impugned order dated 25.11.2019 directing the petitioner to demolish the unauthorised construction. Assailing the said order, the present writ petition has been filed.
Per contra, learned counsel for the Development Authority submitted that in pursuance of the revisional order, the petitioner was given ample opportunity by the Vice Chairman of the Development Authority but instead of availing the said opportunity, he moved an application for adjournment and till date has not submitted any map for compounding.
Be that as it may, considering the facts and circumstances of the case and taking a lenient view in the matter, with the consent of the parties, we grant one more opportunity to the petitioner to file a map for compounding the alleged unauthorised construction within 15 days from today and thereafter , after filing the map, the petitioner shall appear on 22.1.2020 at 12.00 P.M. before the Respondent No.3, Vice Chairman, Prayagraj Development Authority, Prayagraj and may adduce any cogent evidence and take pleas as permissible under law, if any, in support of his contention.The Respondent No.3, thereafter, shall pass a final order by a speaking and reasoned order after considering the objections as well as the contention raised by the petitioner within a period of one month thereafter.
It is made clear that this court has not expressed any opinion on the merits of the case and the Vice Chairman, Prayagraj Development Authority, Prayagraj has to take decision on its own merits.
For a period of two months from today or till the disposal of the matter by the Vice Chairman, whichever is earlier, no coercive measures shall be taken against the petitioner. It is made clear that in case the petitioner does not appear on the said date fixed and files the required map within the stipulated period as provided herein above, the benefit given to the petitioner under this order shall cease to operate and it will be open to the authority concerned to proceed further in the matter in accordance with law.
With the above observations, the writ petition stands disposed of.
Order Date :- 19.12.2019 MLK