Court No. - 29
Case :- WRIT - C No. - 25078 of 2020 Petitioner :- Vaibhav Sharma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suhas Subhash Mehta Counsel for Respondent :- C.S.C.,Atul Tej Kulshrestha
Hon'ble Pankaj Naqvi,J. Hon'ble Piyush Agrawal,J.
Heard Sri Suhas Subhash Mehta, learned counsel for the petitioner, Sri Abhishekh Kulshrestha holding brief of Sri Atul Tej Kulshrestha, learned counsel for the respondents and learned standing counsel.
The case of the petitioner is that he had constructed the house in question after the death of his parents, after obtaining financial facility from Pradhan Mantri Avas Yojana whereas the notice dated 10.08.2020 issued by the Nagar Palika Parishad, Muzzafar Nagar wrongly alleges that the said construction has been made over a nala.
Learned counsel for the petitioner submits that till such time the same issue is not decided by the competent authority, no demolition be effected.
Sri Abhishekh Kulshrestha, learned counsel for Nagar Palika Parishad submits that no purpose would be served by keeping this petition pending it be disposed of finally by giving appropriate direction.
The writ petition is disposed of with a direction that till such time the competent authority does not dispose of the representation of the petitioner dated 01.10.2020 by passing a reasoned and speaking order under communication to the petitioner, the construction in dispute shall not be demolished.
Order Date :- 8.1.2021 Ujjawal