Court No. - 29
Case :- WRIT - C No. - 34387 of 2021 Petitioner :- Smt. Ritu Bagga And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Pratik J. Nagar,Sushil Babu Mishra Counsel for Respondent :- C.S.C.,Arun Kumar,Pawan Kumar Singh,Sunil Dutt Kautilya
Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.
Heard Sri J. Nagar, learned Senior Counsel assisted by Sri Pratik J. Nagar, learned counsel for the petitioners, Sri Arun Kumar, learned counsel who appears for the Development Authority and Sri Nilamber Tripathi under the authority of Sri S.D. Kautilya, learned counsel for Nagar Nigam.
The grievance of the petitioners, as is borne out from the averments made in the writ petition, is that they apprehend that the respondents would demolish their boundary wall pursuant to the road widening task undertaken by the Development Authority.
Learned counsel for the petitioners submits that their ramp, facilitating the entry into their house, has already been demolished. He further submits that appropriate direction be issued to the Development Authority restraining them from carrying any further demolition activity.
Sri Arun Kumar, learned counsel appearing for the Development Authority, submits that the Authority has no intention to demolish the boundary wall as on date. As regards the ramp he submits that since the ramp was jutting out into the road, the same has been demolished.
Learned counsel for the petitioners submits that they may be permitted to construct the ramp on their own land and the ramp would not obstruct the road/pavement in any manner.
Learned counsel for the respondents has no objection, if the petitioners carry out construction on their own land.
In view of the above, we deem it appropriate to dispose of the writ petition at this stage.
In the event of any deviation from what has been stated above, the petitioner has liberty to take written permission from the Development Authority.
Order Date :- 23.12.2021/Vandana