Court No. - 48
Case :- WRIT - C No. - 14656 of 2019 Petitioner :- Smt. Hina Akram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Punya Sheel Pandey,Rahul Kumar Tyagi Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Siddharth,J.
Heard Sri learned counsel for the petitioner, learned Standing Counsel for the respondent Nos. 1 & 2 and Sri Pranjal Mehrotra, learned counsel for respondent Nos. 3 and 4.
The grievance of the petitioner is that by the order dated 12.4.2019 passed under Section 28 A (4) of U.P. Urban Planning and Development Act, 1973, her property has been sealed without any service of notice and opportunity of hearing.
Aggrieved by the aforesaid order, the petitioner has preferred an appeal before the Commissioner, Aligarh Division, Aligarh/Chairman, wherein by the order dated 16.4.2019 only the order of admission of appeal has been passed and record from the Development Authority has been called for, but no interim order has been passed on the stay application of the petitioner.
Sri Pranjal Mehrotra, learned counsel for respondent Nos. 3 and 4 has submitted that the appeal of the petitioner has already been entertained by the Commissioner and 10th May, 2019 is fixed for next hearing and in the meantime, no order of demolition has been passed against the petitioner and therefore, this appeal may only be directed to be heard at earlier date.
This writ petition is finally disposed of directing the appellate authority to decide the appeal of the petitioner, within a period of one month from the date of production of certified copy of this order by a reasoned and speaking order after hearing the parties in accordance with law.
Till the decision of the appeal taken by the appellate authority, the order dated 12.4.2019 aforesaid shall remain stayed.
Order Date :- 26.4.2019 Ruchi Agrahari