Court No. - 40
Case :- WRIT - C No. - 35837 of 2018 Petitioner :- Radhey Shyam Tyagi Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Chandra Bhan Gupta,Anil Kumar Shukla Counsel for Respondent :- C.S.C.,Amit Manohar
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and Sri Amit Manohar, learned counsel for the respondents.
The petitioner has come up challenging the order dated 12th September, 2018 passed by the competent authority in exercise of the powers under Section 27 of the U.P. Urban Planning & Development Act, 1973 contending that the said notice for demolition proceeds on erroneous assumptions, inasmuch as, neither the petitioner has raised any construction so as to bring it within the fold of an unauthorized construction, and secondly, if the petitioner has only made a ramp for the passage of his tractor or other agricultural operations, the same would not amount to any encroachment or violation of the provisions of the 1973 Act.
Sri Amit Manohar, learned counsel for the respondents has taken an objection on behalf of the Ghaziabad Development Authority that the petitioner has an alternative remedy under Sub-Section (2) of Section 27 of the 1973 Act of filing an appeal before the Chairman of the Development Authority.
We are not inclined to entertain the petition without prejudice to the rights of the petitioner to raise all such pleas in the appeal, and in the event, any such appeal is filed before the Chairman alongwith the certified copy of this order within ten days from today, the same shall be disposed of within six weeks thereafter.
Disposed of with the said directions.
Order Date :- 29.10.2018 S.Chaurasia