Chief Justice's Court
Case :- WRIT - C No. - 7700 of 2018 Petitioner :- Smt. Bhagwati And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kshitij Shailendra Counsel for Respondent :- C.S.C.,Vivek Saran
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr. Kshitij Shailendra, learned counsel for the petitioners and Mr. Vivek Saran, learned counsel for the respondent- Authority.
The only prayer made in the writ petition reads thus:
"(i) issue a writ or direction or pass an order in the nature of Mandamus commanding the respondents no. 3 and 4 to open the seal fixed on the premises constructed over the plot No. 1-A/180/2, Buddhi Vihar, Majhola Yojana Scheme No. 4, Part-1, Moradabad, and then permit the petitioners to demolish the constructions standing over the said plot after removing their belongings therefrom, as expeditiously as possible and within such shortest possible time frame which this Hon'ble Court may deem fit and proper in the facts of the case."
It appears that on earlier occasion the petitioners had filed a writ petition, bearing Writ-C No. 52082 of 2017, wherein the subject matter was the very same premises, constructed over plot No.1-A/180/2, Buddhi Vihar, Majhola Yojana Scheme No.4, Part-I, Moradabad (for short "offending structure"). The said writ petition was disposed of with liberty to the petitioners to submit a fresh map within time frame. We are informed that the petitioners had accordingly submitted the fresh map, which the respondent-Authority rejected by order dated 10.1.2018. Mr. Kshitij Shailendra, learned counsel for the petitioners, on instructions, submits that the petitioners are not interested in raising any construction or even to protect the offending structure. In paragraph 20 and 21 of the petition, on affidavit, the petitioners have stated thus:
"20. That since when the premises of the petitioners were sealed in pursuance of the sealing order dated 24.10.2017, the premises are lying sealed and various mechanical instruments of the petitioners which were being used for motor service are lying inside the sealed premises. Apart from this, electricity meter is also lying installed within the premises for which the petitioners are continuously depositing the fixed electricity charges. Other belonging of the petitioners are also lying inside the premises.
21. That since the sanction of map is not permissible in the existing form of constructions, as observed in the letter dated 10.01.2018, the petitioners undertake to demolish the existing constructions in their entirety and, for that purpose, opening of seal is necessary and, once seal is opened and the petitioners demolish the constructions, the property would come in the form of a plot and, then, question of sanction of another map in accordance with law would arise or a situation may come in which the petitioners would be able to sell the property, if it does not remain usable for them."
Counsel for the petitioners, on instructions, submits that if the seal is removed, the petitioners shall demolish/remove the offending structure made by them within a period of fifteen days from the date of removal of the seal. The undertaking, as given in paragraph 21, is accepted. In view thereof, counsel for the respondent-Authority submits that the respondent-Authority shall remove the seal within a period of fifteen days from today and in which case directions may be issued to the petitioners to demolish the offending structure made by them within time frame. Hence, we dispose of the writ petition by the following order:
The respondent-Authority shall remove the seal within a period of fifteen days from today. The petitioners shall remove/demolish the offending structure within fifteen days thereafter, as per the demolition order dated 10.1.2018. It is made clear that the petitioners, after demolition of the offending structure, shall not make any construction of whatsoever nature over the plot in question. It is needless to mention that if the petitioners fail to demolish the offending structure, as aforementioned, it would be open to the respondent-Authority to initiate contempt proceedings against the petitioners and also to demolish the offending structure and to recover expenditure for the demolition from the petitioners in accordance with law.
Order Date :- 26.2.2018 VMA (Dilip B Bhosale, CJ) (Suneet Kumar, J)