Chief Justice's Court
Case :- WRIT - C No. - 8052 of 2018 Petitioner :- Mahavir Singh Respondent :- The Commissioner, Agra Division And 2 Others Counsel for Petitioner :- Ramendra Asthana Counsel for Respondent :- C.S.C.,Suresh C. Dwivedi
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr. Ramendra Asthana, learned counsel for the petitioner and Mr. Suresh C. Dwivedi, learned counsel for respondent Nos. 2 and 3.
The petitioner, in the instant writ petition, seeks to challenge the order of demolition dated 22.09.2017 passed by respondent no. 3 in exercise of powers under Section 27 of the U.P. Urban Planning and Development Act, 1973 (for short 'Act'). The petitioner has already preferred an appeal against the order dated 22.09.2017 under sub-section (2) of Section 27 of the Act alongwith an application for stay. Counsel for the petitioner submits that though an application for stay has been filed, the appellate authority has not heard the same till today. He further submits that the respondent-Authority is likely to take action of demolition on the basis of the order dated 22.09.2017 even without awaiting the outcome of the appeal/application for stay.
In the circumstances, we dispose of the writ petition by the following order.
The appellate authority shall consider and decide the petitioner's appeal and/or application for stay (Annexure-4 & 5) as expeditiously as possible and preferably within a period of four weeks from the date of receipt of this order. Till the application for stay is decided, the respondent-Authority shall not demolish the offending structure in pursuance of the order dated 22.09.2017, if the order has not been implemented till today. It is also open to the appellate authority to decide appeal itself within the stipulated time.
It is made clear that we have not examined merits of the case and the appellate authority shall consider and deal with the appeal/application for interim relief on merits in accordance with law and uninfluenced by the observations made in this order. All contentions, on merits, are kept open. The petitioner is directed to produce a copy of this order alongwith a copy of the writ petition and its annexures before the appellate authority within a period of two weeks from today.
Order Date :- 27.2.2018 VMA (Dilip B Bhosale, CJ) (Suneet Kumar, J)