Hon'ble Attau Rahman Masoodi,J.
Learned Chief Standing Counsel has accepted notice on behalf of the opposite party nos. 1 to 5 whereas Ms. Samidha, learned counsel has accepted notice on behalf of the opposite party no. 7. Sri Puneet Chandra, learned counsel has filed Vakalatnama on behalf of opposite party no. 6, which is taken on record.
Heard learned counsel for the petitioners and learned counsel for the respondents.
This writ petition has been filed challenging the impugned public notice of which a copy is annexed as anneuxre 1 to the writ petition whereby the petitioners have been put to notice to remove their unauthorized construction within a week from 14.12.2019, failing which, the same would be removed at their own expenses.
Learned counsel for the petitioners submits that the petitioners are not in unauthorized possession over the shops in question. The dispute with respect to the land belonging to the Irrigation Department was earlier decided by the LDA, this fact on being given an opportunity to the petitioners can be proved and the relevant documents be produced to show their authorized constructions.
It is also submitted that the time provided in the notice has expired and the petitioners could not know about the same, as such, the opposite parties may demolish the shops in question without any further notice. As such, the petitioners have approached this Court.
Learned Standing Counsel on the basis of instructions submits that the proceedings to remove the illegal encroachment over the National Highway have been initiated pursuant to the order passed in P.I.L. Civil No. 23618 of 2018. It is also submitted that the said P.I.L. is pending in this Court and is likely to be listed shortly. The petitioners have not made any reply to the impugned notice till date.
However on a query being put by the Court, it is informed by the learned Standing Counsel on the basis of instructions that till date demolition of the shops in question has not been carried out.
We have considered the submissions and gone through the record and find that by way of notice, the petitioners have been required to remove the alleged illegal encroachment over the public land/road.
We are of the view that the petitioners may be provided an opportunity to give reply before any coercive action is taken against them, as such, we hereby provide that the petitioners shall file their reply to the impugned notice within a week from today and the Executive Engineer, Division-2, Sharda Nahar, Irrigation Department, Lucknow who has issued the impugned notice shall consider the reply of the petitioners and pass appropriate orders in accordance with law expeditiously and without any delay. Action proposed shall be taken only thereafter in case petitioners fail to make their reply within the period prescribed, the opposite party no. 2 shall take appropriate action as permitted under law.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 19.12.2019 kanhaiya