Court No. - 29
Case :- WRIT - C No. - 20330 of 2021 Petitioner :- Ashish Kumar And 9 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gaurav Tripathi Counsel for Respondent :- C.S.C.,Shivam Yadav, Abhinav Krishna
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Piyush Agrawal,J.
By this writ petition, a challenge is made to the notice dated 27.07.2021 whereby the petitioner was asked to remove encroachment otherwise action would be taken for demolition of the construction.
Learned counsel for the petitioner submits that notice dated 27.07.2021 is without compliance of the statutory provisions. As per Uttar Pradesh Urban Planning and Development Act, 1973, the notice of 15 days was required to be given. Reference of other provisions has also been made.
We have taken note of the argument of learned counsel for the petitioner and find that action of the respondents is pursuant to the direction given by this Court in Public Interest Litigation No. 300 of 2021 on 16.07.2021. The writ petition was ordered to be listed again on 10.08.2021 enabling Kanpur Development Authority to remove encroachment. In view of the above, Kanpur Development Authority was under an obligation to take immediate action so as to comply the order on or before 10.08.2021.
In view of the action taken by the respondents for compliance of the order of the Court in Public Interest Litigation No. 300 of 2021, we do not find any reason to cause interference therein. It is more so when the petitioner herein has already made an application for impleadment to contest the writ petition as well as the order. It could not be clarified as to why the said application has not been pressed and for taking simultaneous litigation in the shape of present writ petition. The question as to whether the petitioner is encroacher or not would be decided after hearing the petitioner in the pending public interest litigation petition. In view of the facts given above, we do not find any reason to cause interference in the order dated 27.07.2021. It is more so when the major portion of the encroachment has already been removed/demolished by the respondents.
In view of the above, the writ petition is dismissed.
Order Date :- 27.9.2021 Shubham .
(Piyush Agrawal, J.) (Munishwar Nath Bhandari, A.C.J.)