Court No. - 21
Case :- WRIT - C No. - 11499 of 2018 Petitioner :- Bansh Bahadur Upadhyay And 10 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Krishna Kumar Shukla,Anoop Trivedi Counsel for Respondent :- C.S.C.,Om Prakash Singh,Pranjal Mehrotra,R.K. Jaiswal,Rajesh Kumar Jaiswal
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Piyush Agrawal,J.
Re: Civil Misc. Application No. 29 of 2019
Heard Sri Vibhu Rai, learned counsel for the applicants- petitioners, learned standing counsel for the State respondents and Sri Pranjal Mehrotra, learned counsel for the National Highway Authority of India.
This application, under Article 215 of the Constitution of India has been moved on behalf of the applicants-petitoners for taking action to punish the respondent nos. 3 and 5 for disobedience of the order of this Court dated 18.9.2019.
Learned counsel for the applicants submitted that on 18.9.2019 the learned standing counsel and the learned counsel for the National Highway Authority of India (hereinafter referred to as the NHAI) have clearly argued that no demolition shall be carried out over Plot No. 691. On their statements the Court has passed the order dated 18.9.2019. It is alleged that in spite of the positive order dated 18.9.2019 passed by this Court not to demolish House No. 691 but the respondents have demolished the old house of the applicant.
Learned counsel for the applicants has drawn attention of the Court towards the map wherein demarcaton of Arazi no.691 has been mentioned, which has been annexed at page 18 as Annexure 4 to the counter affidavit. It is alleged by the learned counsel for the applicants that relying on the map the Court has passed the order dated 18.9.2019. He further drawn attention of the Court towards the Division Bench order of this Court dated 14.3.2019 wherein a direction has been issued to the District Magistrate, Varanasi to complete the demarcation exercise but from the report it is evident that he has completed the exercise through the report of the Tehsildar, Raja Talab, Varanasi and Up Ziladhikari, Raja Talab, Varanasi, therefore the order of this Court dated 14.3.2019 has not been complied with.
Sri Pranjal Mehrotra, learned counsel for the NHAI submitted that pursuant to the order of this Court dated 14.3.2019 the District Magistrate submitted its report. The said report is part of the affidavit filed by the learned counsel for the NHAI as Annexure 2 which is sworn by Sri Ram Chandra, Manger Technical in the office of P.D., PIU, NHAI, Allahabad.
We have perused the report dated 15.4.2019 submitted by the Tehsildar and Up Ziladhikari, Raja Talab, Varanasi and find that it also bears the signature of the District Magistrate, Varanasi. The report clearly indicates that is not submitted by the District Magistrate himself but by the aforesaid officials and the District Magistrate has only counter-signed the report. There is also contradiction in paragraph nos. 2 and 4 of the report. Paragraph no.2 of the report reads as under:
?kVuk 2& vkjkth uEcj 390 [krkSuh esa 390d] 390[k] 390x] 390?k] 390M] 390p] 390N] 390t] 390>] 390¥] 390V] 390B] 390M] 390<] 390.k] 390r] 390Fk dqy 17 Hkkxksa esa foHkkftr gS] ijUrq Hkw&fprz esa dsoy 390 dk gh mYys[k gS vU; uEcjksa esa foHkkftr ugha fd;k x;k gSA ftlesa ls jDck 2-248 gS0 lMd iksDrk feYdh;r ljdkj Js.kh 15 ¼2½ jDck 2-379 gs0 catj ¼xkWolHkk½ jDck 0-012 gs0 Js.kh 6¼2½ vkcknh ¼xkWolHkk½ jDck 0-020 gs0 MkdcXyk] jDck 0-064gas0 uohu ijrh ¼xkWolHkk½ ds uke ls o 'sk"k Hkwfe jDck 0-158 gs0 fofoHkUu [kkrsnkjksa ds uke ls vafdr gSA [kljs dh ewyizfr vkSj uD'ks dh Nk;kizfr layXu gSA In paragraph 4 of the report there is only one statement that at the eastern side 10.6 meter and at the western side 13.5. meter of Plot No. 390 illegal construction has been made.
Along with this application the applicant has brought on record some still photographs to demonstrate that old construction of the petitioner over Arazi No. 691 has been demolished inspite of there is interim order dated 18.9.2019.
In view of the allegation made in the affidavit to this application, prima facie, a case for willful disobedience of the order of this Court dated 18.9.2019 is made out.
Put up the matter before the appropriate Bench on 14.10.2019, if necessary, after taking nomination from the Hon'ble Chief Justice/ Senior Judge.
Order Date :- 26.9.2019 samz