Court No. - 45
Case :- WRIT - C No. - 26156 of 2021 Petitioner :- Chhedi Lal Pandey Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ashutosh Pandey Counsel for Respondent :- C.S.C.,Arun Kumar,Gaurav Dhama,Manoj Kumar Singh,Suresh C. Dwivedi
Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.
Heard Sri Ashutosh Pandey, counsel for the petitioner and Sri Arun Kumar, counsel representing the respondents No. 3 and 4.
The Standing counsel has accepted notices on behalf of respondents No. 1 and 2.
Learned counsel for the petitioner wants to seek a direction on the respondents not to demolish boundary wall of house on Plot No. 52E/5A, Lohiya Marg, Civil Lines, Payagraj.
Counsel appearing for the Development Authority submits that the wall belonging to the petitioner would not be demolished without the consent of the petitioner or on agreed terms. He also submits that the road widening up to 18 meters has been undertaken at the places where the land owner has consented to give part of his land for road widening or otherwise. He further submits that the widening of the road has been confined to 12 meters only.
In view of the aforesaid, this writ petition is disposed off with a direction to the respondents not to demolish the boundary wall existing over the free hold land of the petitioner unless he consents for it or agrees to any of the terms.
It is further made clear that the direction aforesaid is subject to the title of the land in favour of the petitioner which may be verified by the respondent-development authority.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 Ravi Prakash