Court No. - 21
Case :- WRIT - C No. - 38743 of 2018 Petitioner :- Vijay Laxmi Yadav And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Virendra Pratap Pal Counsel for Respondent :- C.S.C.,Rajesh Kumar Singh
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
We have heard learned counsel for the petitioners and Sri Shivam Yadav, learned counsel who has put in appearance on behalf of respondents nos. 2, 3 and 4.
The petitioners have challenged in this petition to the demolition notice dated 22.10.2018, issued by the Kanpur Development Authority, Kanpur under Section 26-A sub- section 4 of the U.P. Urban Planning and Development Act, 1973. The reliefs sought by the petitioners reads as under-
" A. Issue a writ, order or direction in the nature of Certiorari quashing the impugned Ex-Party demolition order dated 22.10.2018 passed by the Respondent Kanpur Development Authority, Kanpur (Filed as Anneure no. 6 to this Writ petition.
B. Issue a writ, order or direction in the nature of Mandamus restraining the Respondents from demolishing the petitioners construction situated over the Arazi no 151/1 and 151/3, Mauja Ahirwa, Pargana and District Kanpur Nagar.
C. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to consider and act upon the reply of the petitioners dated 17.11.2018 and conduct a proper demarcation of the land of the petitioners at Arazi no. 151/1 and 151/3 and the land of the State Government situated at Arazi No. 103/03.""
In paragraph 20 of the writ petition the petitioners has made a statement that they have constructed their houses over Arazi no. 151/1 and 151/3 and they have no concern with the adjoining plot Nos. 102 and 103. Paragraph 20 of the writ petition is extracted below-
" 20-That the petitioners categorically asserted that they have constructed their houses over the Arazi no. 151/1 and 151/3 and maximum part of their land is in open form surrounded by a boundary wall which is separated by two way roads to the adjoining arazi no. 102 and 103 which is a state land. The petitioners have never made any encroachments over the Arazi no. 103/3 in any manner, the authorities can verify it by conducting proper demarcation of land. Therefore, the impugned order is unsustainable and liable to be quashed."
Learned counsel for the petitioners submits that they have not made any encroachment over Arazi No. 103/03 and if the respondents want to demolish any portion, before the said exercise is taken demarcation be made by them.
In view of the aforesaid, we refrain to express our view on the merit of the case. With the consent of the parties the matter mater is taken on the board and finally disposed of in terms of the rules of the Court.
Accordingly, the writ petition is disposed of with a direction upon the Kanpur Development Authority, Kanpur that before carrying out the demolition pursuant to the notice dated 22.10.2018, they shall demarcate the plots after affording opportunity to the petitioners to take appropriate action.
With the aforesaid directions, this writ petition stands disposed of.
Order Date :- 28.11.2018 M.A.Ansari