Chief Justice's Court
Case :- WRIT - C No. - 12932 of 2017 Petitioner :- Indira Verma And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Singh,M.D. Singh 'Shekhar'
Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Sri M.D. Singh 'Shekhar' the learned Senior Counsel assisted by Sri Santosh Kumar Singh, learned counsel for the petitioners and Sri Pranjal Mehrotra, learned counsel for respondent Nos. 3 and 4.
The instant writ petition has been preferred seeking a direction restraining the respondents from demolishing certain constructions raised by the petitioner upon Khasra No. 966 situate in the revenue village Radhakund Dehat, Tehsil Govardhan, District Mathura.
The proceedings themselves emanate from an order dated 8 March 2017, in terms of which the respondent Authority passed an order of demolition of alleged offending structures said to have been raised by the petitioners. This order passed by the respondent Authority under Section 27 of the U.P. Urban Planning and Development Act, 1973 has been subjected to a challenge by the petitioners by way of a statutory appeal, which is stated to have been filed on 17 March 2017.
Sri M.D. Singh 'Shekhar', the learned Senior Counsel appearing in support of the petition has drawn our attention to the stay application, which has also been filed in the appeal proceedings. It is his submission that although the said appeal had been duly filed, during the pendency thereof, the respondents are taking further coercive steps against the petitioners and threatening demolition.
Sri Pranjal Mehrotra, learned counsel for the respondent Authority has on instructions stated that the Authority shall take no coercive steps during the pendency of the appeal and that the present writ petition itself may be disposed of with a direction to the appellate authority to consider and decide the appeal preferred by the petitioners expeditiously.
Accordingly and with the consent of parties, we dispose of this writ petition with the observation that the respondent No. 2 shall consider and decide the petitioners' appeal under Section 27(2) of the 1973 Act filed on 17 March 2017 expeditiously and preferably within a period of four weeks from today. The counsel for the petitioners shall produce a copy of this order alongwith a copy of the writ petition and its Annexures before the second respondent within a period of one week from today. It is further provided that till the appeal is heard and decided finally, no coercive action in respect of the offending structures shall be taken by the concerned Authority.
Order Date :- 28.3.2017 S. Thakur (Dilip B Bhosale, CJ) (Yashwant Varma, J)