Heard Shri M.K. Gupta, learned counsel for the appellants, Sri Ramesh Upadhyay appears for Aligarh Development Authority, Sri Ram Kaushik appears for Nagar Nigam, Aligarh and learned Standing Counsel appears for the State of U.P.
Sri Ram Kaushik learned counsel for the Nagar Nigam, Aligarh has submitted that the copy of this application has been served to learned counsel appears for contesting parties.
Sri M.K. Gupta has raised grievance by filing an application along with an affidavit that despite continuance of the interim order passed by this court dated 2.6.2009, the suit property is being disturbed. An advertisement has been issued in the newspaper by the State Government and as such the status of the land in dispute is being disturbed and Kanshi Ram Avas Yojana is being implemented on the land in dispute. He has placed reliance on a news paper advertisement published on 7.1.2010 in "Dainik Jagran" City edition. According to the learned counsel for the appellant if some housing scheme is established on the land in dispute, the very purpose of litigation shall be frustrated.
Sri Ramesh Upadhyay, learned counsel for the Aligarh Development Authority has submitted that he has yet to receive the copy of the suit, various judgments and all the documents which find place on the record of second appeal. He has drawn attention of the court to some observations made by this court in its earlier order passed on 18.9.2009 in Second Appeal No.424 of 2009. As per learned Standing Counsel paper-book was made available to him.
It is not disputed that this court has taken cognizance of subsequent developments appeared to have taken place after May 2009 and September 2009. Sri M.K. Gupta has drawn attention of the court that there is immediate danger to the suit property upon which the housing Scheme is being established. This court has taken note of the subsequent developments which might have taken place and have been brought to the notice of the court by filing an affidavit.
Let the matter be taken up on 22.2.2010.
In the meantime learned Standing Counsel, Sri Ramesh Upadhyay for Aligarh Development Authority and learned counsel for the Nagar Nigam, Aligarh may file their counter affidavits to the objections etc. This court has taken note of the spirit of the orders passed by this court on 2.6.2009 and 18.5.2009 that the suit property or the land in dispute shall not be disturbed.
Keeping in view of the same spirit this court directs that State of U.P. District Magistrate Aligarh, Officers of Aligarh Development Authority and Officers of Aligarh Nagar Nigam shall not raise any construction on the suit property as indicated on the foot of the plaint, on the land in dispute. No allotment of land shall be made on the suit property/land in dispute which is subject matter of this second appeal and which is remained in dispute before the First Appellate Court and the Trial Court. It is made clear that the property shall not be alienated in any manner.
It is made clear that this order has been passed in presence of learned counsel for the parties and they shall ensure compliance of the order in its true spirit.
Order Date :- 27.1.2010 F.H.