Court No. - 32
Case :- WRIT - C No. - 42593 of 2019
Petitioner :- Mohd. Danish
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Shahnawaz Shah
Counsel for Respondent :- C.S.C.,Bhupeshwar Dayal
Hon'ble Shashi Kant Gupta,J. Hon'ble Shamim Ahmed,J.
This writ petition has been filed, interalia, for the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari calling for the record of the case and to quash the impugned order dated 16.06.2018 passed by the Prescribed Authority Meerut Development Authority, District Meerut in matter No.36/38, Zone -A- Sector-3 thereby ordering to seal the construction of the petitioner at plot no.41 at State Bank Conoly, Hapur, District Meerut.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to permit the petitioner to enter his premises to get corrected the extra construction if any."
Heard learned counsel for the petitioner, Mr. Bhupeshwar Dayal learned counsel appearing on behalf of Development Authority and perused the record.
At the very outset, a preliminary objection has been raised by the learned counsel appearing on behalf of the Development Authority with regard to the maintainability of this petition. He stated that the impugned order has been passed under Section 28-A(1) of U.P. Urban Planning and Development Act, 1973 and the petitioner has an alternative and efficacious statutory remedy to file an appeal before the Commissioner under Section 28-A(4) of U.P. Urban Planning and Development Act, 1973.
The learned counsel for the petitioner has not been able to rebut the contention made by the learned counsel for the Development Authority, .
In view of the above, this writ petition is dismissed as not maintainable on the ground of alternative remedy.
However, the petitioner may, if so advised, file an appeal before the concerned authority within three weeks from today, the said authority shall make all endeavours to consider and decide the same in accordance with law expeditiously preferably within a period of one month from the date of filing of the said appeal ignoring the provision of period of limitation. It is open for the petitioner to file an application before the concerned authority for seeking interim relief in the matter. It is made clear that in case the petitioner does not file the appeal within the stipulated period, as indicated herein above, the benefit given to the petitioner under this order shall cease to operate.
It is also made clear that this court has not expressed any opinion on the merits of the case and the concerned authority has to take decision on its own merits.
Order Date :- 20.12.2019 MLK