Court No. - 40
Case :- WRIT - C No. - 35370 of 2018 Petitioner :- Shivshakti Enclave Avasiya Kalyan Samiti Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Deepika Sharma,Yagyadeo Sharma Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
Heard Sri Yagyadeo Sharma, learned counsel for the petitioner.
The contention raised is that the constructions in the colony of the petitioner are sought to be demolished without taking recourse to the proceedings as may be available to the respondent authority in accordance with law. Learned counsel submits that the respondents are proceeding to demolish the constructions without putting the petitioner to the notice or taking recourse to law.
It is by now well settled that demolition cannot be carried out except otherwise than in accordance with law.
Learned counsel for the Respondent Authority Sri Singh submits that no forceful demolition shall take place except otherwise than in accordance with law. Consequently, this writ petition stands disposed of that the respondents shall proceed only in accordance with law.
Order Date :- 30.10.2018 Atmesh