Court No. - 27
Case :- WRIT - C No. - 20368 of 2018 Petitioner :- Ramesh Kumar Respondent :- The Vice Chairman Allahabad Development Authority Allahabad And 3 Others Counsel for Petitioner :- Om Prakash Mishra Counsel for Respondent :- Devi Prasad Mishra,C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner.
By way of writ petition, petitioner is challenging the order dated 11.5.2018 passed by respondent No.3 as well as order dated 10.1.2018 passed by the respondent No.4 in Appeal No. C201702001740 of 2017 (Ramesh Kumar Vs. Zonal Officer Allahabad Development Allahabad & Others) and as well as demolition notice dated 8.11.2017 passed by respondents No.3 respectively.
The case of petitioner is that an order of demolition dated 8.11.2017 was passed against the petitioner and the petitioner has challenged the said order by filing the Writ Petition No.57836 of 2017 (Ramesh Kumar Vs. The V.C. Allahabad Development Authority and 2 Others).
The Division Bench of this Court has held that it is open to the petitioner to file an appeal under Section 27(2) against the order dated 8.11.2017. Therefore, the Court declines to interfere in the order dated 8.11.2017. A direction was issued to appellate authority, if such an appeal alongwith an application for interim stay is filed by the petitioner, the appellate authority shall consider the same on merits in accordance with law and without entering into the issue of limitation, as expeditiously as possible and preferably within a period of three months from the date of presentation of the appeal and/or application for interim stay. Till the appeal and/or application for interim stay is heard and decided on merits, the respondent Authority shall not take any coercive measure in respect of the offending structure.
Thereafter, Appeal of petitioner was heard by the Commissioner Allahabad Division, Allahabad, who has remanded the matter vide order dated 10.1.2018 before the Zonal Officer, Allahabad Development Authority, Allahabad to pass fresh order. Without challenging the said order, petitioner has participated in the proceeding before the Zonal Officer and again Zonal Officer vide order dated 11.5.2018 passed the order of demolition affirming the earlier order dated 8.11.2017 Now, at this stage, petitioner has preferred this writ petition challenging the appellate order dated 10.1.2018 as well as order dated 11.5.2018 and order dated 8.11.2017 which was passed by the Zonal Officer.
Mr. A.K. Mishra appearing on behalf of the Allahabad Development Authority has raised preliminary objection on the ground of alternative remedy available to petitioner under Section 27(2) of the Uttar Pradesh Urban Planning and Development Act, 1973. It is further stated that petitioner cannot challenge the appellate order as incompliance of appellate order dated 10.1.2018, he is participated in proceeding before Zonal Officer.
I have considered the rival submissions made by the learned counsel for the petitioner.
This fact is undisputed that petitioner has participated in proceeding before the Zonal Officer incompliance of the appellate order dated 10.1.2018. Hence, there is no occasion to challenge the same.
Learned counsel for the petitioner could not deny the availability of statutory remedy of appeal under Section 27(2) of the Uttar Pradesh Urban Planning and Development Act, 1973.
Earlier too, considering this fact, Division Bench of this Court has remitted back the matter to the Appellate Authority. Therefore, I find no good reason to interfere in this matter.
At this stage petitioner has submitted that he may be given the some interim protection till the disposal of the appeal, against which learned counsel appearing for the respondent raised objection.
Considering this facts that earlier Division Bench has granted interim protection to the petitioner, this writ petition is disposed of with the direction to the respondents that if petitioner files any appeal alongwith stay application within a week from today, they shall not take any coercive action against the petitioner till the disposal of stay application.
Order Date :- 30.5.2018 Junaid