Court No. - 21
Case :- WRIT - C No. - 37797 of 2018 Petitioner :- Shiv Vatika Barat Ghar And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Arpan Srivastava,Sri Anil Bhushan, Sr. Advocate Counsel for Respondent :- C.S.C.,Devi Prasad Mishra
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
We have heard Sri Anil Bhushan, learned counsel for the petitioners at the length.
Sri Anil Bhushan, learned counsel for the petitioners submitted that the matter was taken up on 19.11.2018 and again on 27.11.2018.
Sri Arun Kumar, learned counsel for the respondent nos.2, 3 and 5 was granted time to seek the instructions.
Learned counsel for the petitioners submits that the petitioner has a personal property which has vacated land of 10,000/- meters, which is ancestral property. The petitioner have constructed a Banquet Hall/Bharat Ghar (Marriage Hall) in an area about 3975.67 meters, which is part of the property and it is alleged under the style of Shiv Vatika. The petitioner is running the Banquet Hall/Bharat Ghar (Marriage Hall) only in the open space with temporary construction. It is stated that petitioner had made an application for the registration before the District Magistrate, who has granted permission on 30.3.2012 to run the Banquet Hall/Bharat Ghar (Marriage Hall). A copy of the permission granted by the District Magistrate is annexure 1 to the writ petition. The petitioner is aggrieved by the show cause notice issued by the Allahabad Development Authority dated 11.10.2018 wherein it is mentioned that the petitioner is running the Banquet Hall/Bharat Ghar (Marriage Hall) without any permission and in contravention of the Section 14 and 15 of the U.P. Urban Planning and Development Act, 1973. By the said notice/order the petitioner's premises has also been sealed under Section 28-A.
Learned counsel for the petitioner submits that the petitioner has already taken advance to use the premises for marriage fixed on 10.12.2018 and in case the petitioner is not permitted to run the Banquet Hall/Bharat Ghar (Marriage Hall) he and his customer will suffer irreparable loss.
Sri Arun Kumar has produced before us the by-laws of the development authority.
Sri Anil Bhushan, learned counsel for the petitioner has further submitted that there are about 200 Bharat Ghar. Learned counsel for the petitioner has produced a list of 139 of the Banquet Hall/Bharat Ghar (Marriage Hall), which is taken in the record.
As prayed by him he is granted ten days' time to file supplementary affidavit to bring this document on the record. He submits that these Banquet Hall/Bharat Ghar (Marriage Hall) are running contrary to the by-laws of the Chapter 16 of the Bhavan Nirman Avam Vikas Upvidhi which issue invited our attention. The para 16.9 of the Bhavan Nirman Avam Vikas Upvidhi reads as under :-
“izR;sd 100 oxZehVj ry {ks=Qy ij 2.0 'leku dkj LFky' dh O;oLFkk Hkw[k.M ds vUnj djuh gksxhA ikfdaZx dh x.kuk Hkw[k.M esa vf/kdre vuqeU; ry {ks=Qy ij dh tk,xhA”
He submits that none of these Banquet Hall/Bharat Ghar (Marriage Hall) comply the provisions of these by-laws.
Learned counsel for the ADA seeks two weeks time to file counter affidavit.
List this case for further hearing on 17.12.2018. Sri Anil Bhushan, learned counsel for the petitioner has made statement that the petitioner has charged only Rs.50,000/- from his customer for the marriage, which is scheduled to be held on 4.12.2018.
Till the next date of listing, the respondent is directed to open the seal subject to deposit of Rs.1,00,000/- (one lac) by the petitioner.
Order Date :- 30.11.2018 Pramod Tripathi