Court No. - 29
Case :- WRIT - C No. - 17631 of 2020 Petitioner :- Minakshi And Another Respondent :- Housing Commissioner U P Avas Evam Vikas Parishad And 10 Others Counsel for Petitioner :- Hitesh Pachori Counsel for Respondent :- C.S.C.,Sunil Kumar Misra,Vivek Saran Hon'ble Pankaj Naqvi,J. Hon'ble Piyush Agrawal,J.
Heard Shri Ashutosh Pandey, holding brief of Shri Hitesh Pachori, learned counsel for the petitioners, Shri Vivek Saran, learned counsel for respondent nos. 1 to 5 and Shri Hari Keshav, learned Standing Counsel for the State - respondents.
This writ petition is, essentially, filed for seeking mandamus commanding respondent no. 4 to demolish illegal constructions raised by private respondent nos. 9 to 11 over commercial plot nos. 2 & 3, Sector 3-B, Sikandra Yojna, Agra, by giving effect/carrying out the demolition order dated 05.09.2017.
Shri Saran, on instructions and on the strength of counter affidavit, states that the Parishad had already apprised the District Magistrate, Agra on 02.11.2020, the Police authorities on 30.12.2020, Torrent Power Corporation Limited, Agra on 26.12.2020 and a notice, informing the private respondents of the proposed demolition, was also published on 27.12.2020 in local daily newspaper "Amar Ujala", apart from individual notices to the occupants, but till date, for want of Police force, demolition could not be given effect to.
We are constrained to observe that once an instrumentality of the State has already apprised the district administration of intended demolition, then all aid and help must be provided to the Awas Vikas Parishad to achieve the purpose of the order dated 05.09.2017.
This writ petition is disposed of with the direction that in the event the petitioners approach the Senior Superintendent of Police, Agra and the District Magistrate, Agra, along with a copy of this order, the said authorities shall be obliged to carry out the proposed demolition as expeditiously as possible, provided there is no legal impediment, and submit a compliance report before us on 16.03.2021 in Chamber.
Order Date :- 7.1.2021 Amit Mishra