Court No. - 21
Case :- WRIT - C No. - 1097 of 2019 Petitioner :- Daulat Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kshitij Shailendra Counsel for Respondent :- C.S.C.,Satish Chaturvedi
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
The petitioner has preferred this writ petition for a direction upon the respondents not to dispossess him forcibly from his land and construction existing over Gata No. 319M, Village Dhakka Kanpurpur, Tehsil and District Moradabad. The relief sought for by the petitioner reads as under:
"i) issue a writ or direction or pass an order in the nature of Mandamus commanding the respondents, especially respondents no. 2 to 4, their agents and employees etc. not to forcibly dispossess the petitioners from his land and constructions existing over Gata No. 319 (Min), Village Dhakka Kanpurpur, Tehsil and District Moradabad and not to forcibly demolish the constructions existing thereon except by following due procedure of law having statutory sanction and authority;"
The grievance of the petitioner is that he is owner and in possession of Gata No. 310M and his construction exists over the said plot, but the respondents without acquiring it are threatening to demolish the structure standing thereon. It is stated that the respondents have not given any compensation for taking over the said plot.
Learned Standing Counsel appears for the first respondent and Sri Satish Chaturvedi, learned Advocate, has accepted notices and put in appearance on behalf of the second to fourth respondents.
Sri Chaturvedi has received the instruction which is taken on record. On the strength of the instruction he submits that the land in question was declared surplus under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (for short, the "Act"). A notification under Section 8(4) of the Act was made on 15th January, 1980, notice under Section 10(5) of the Act was issued on 31st March, 1989 and the State has taken possession over the surplus land. It is stated that the State has handed over the said land to the development authority. The petitioner has made illegal construction over the said land, which has been declared surplus. However, in the instruction it is not mentioned that the development authority has taken any step under the provisions of the Uttar Pradesh Urban Planning and Development Act, 1973 against the petitioner.
In view of the above, the writ petition is disposed of with an observation that the petitioner's structure cannot be demolished without taking recourse to the provisions of law under the Uttar Pradesh Urban Planning and Development Act, 1973.
No order as to costs.
Order Date :- 21.1.2019 SKT/-