Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 3918 of 2018 Petitioner :- Nagar Palika Parishad Respondent :- Awdesh Kumar And 10 Others Counsel for Petitioner :- Manoj Kumar Mishra Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as Sri Pawan Kumar Mishra, learned counsel holding brief of Sri Pranjal Mehrotra, learned counsel appearing for the respondent no. 9 and the learned Standing Counsel appearing for the respondents no. 8 and 11.
Present petition has been filed seeking setting aside the impugned order dated 23.8.2017 passed by the Additional District Judge, Etah in Appeal No. 19 of 2016, Awadhesh Yadav Versus State of U.P. filed as Annexure-7 to the petition.
A suit was filed for permanent injunction wherein the interim injunction application was rejected. In appeal filed by the plaintiff the interim injunction application has been allowed and detailed directions have been given. The property is allegedly a park wherein the defendant petitioner herein is raising constructions on the directions of the District Magistrate under some Government schemes. The interim injunction has been granted on the ground that all the agencies of the State also to ensure that the statutory obligations under the U.P. Parks, Playgrounds & Open Spaces (Preservation & Regulation) Act, 1975 be observed and complied with and therefore, no new building be raised in the park area.
Submission of learned counsel for the petitioner is that by this interim injunction the development work in the park has been stopped which is for the benefit of the society and there is no personal interest of the petitioner, as such, the impugned order is liable to be set aside.
I have considered the submissions and have perused the record.
In view of the fact that the interim injunction has been granted in the light of the statutory provisions I am not inclined to interfere in the order impugned herein and there is no jurisdictional error also in the impugned order.
However, in the facts and circumstances of the case, it is directed that the suit itself may be decided, in accordance with law, as expeditiously as possible, by fixing short dates and without granting any unnecessary adjournments.
With the aforesaid observations, this writ petition stands dismissed. No order as to costs.
Order Date :- 29.5.2018 p.s.