Court No. - 39
Case :- WRIT - C No. - 4731 of 2021 Petitioner :- Vinesh Pal Respondent :- Ghaziabad Development Authority And 2 Others Counsel for Petitioner :- Vinayak Mithal Counsel for Respondent :- Ravi Prakash Pandey,Nipun Singh
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Sri Ravi Prakash learned Advocate has received notices on behalf of the respondent Ghaziabad Development Authority.
By means of the writ petition, the petitioner seeks following reliefs:
"I. Issue an appropriate writ, order or direction commanding the Respondent no.1 to demolish the illegal and unauthorised construction raised over plot no.1699/1, village Arthala, Tehsil and district-Ghaziabad.
II. Issue an appropriate writ, order or direction commanding the Respondent no.1 to stop all unauthorized activities being undertaken by the Respondent no.3 over plot no.1699/1, billage Arthala, Tehsil and District ghaziabad with immediate effect;
III.Issue an appropriate writ, order or direction commanding the Respondent no.1 to pass appropriate order and take necessary action upon the complaint made by the petitioner on 19.05.2020/04.06.2020;"
It sought to be submitted that the respondent no.3 had raised illegal construction of ware-house over the site-in-question. At a previous point of time, the warehouse-in-question had been sealed by the Ghaziabad Development Authority by invoking the provisions of U.P Urban Planning and Development Act, 1973.
The letter of reply dated 13.3.2020 in the name of one Jitendra Singh is appended at page-'38' of the paper book. It is contended that in violation of the norms for running warehouse and without any permission of the Ghaziabad Development Authority, respondent no.3 is again running the warehouse. A complaint in this regard has been made by the petitioner vide letter dated 19.5.2020 to the Vice Chairman, Ghaziabad Development Authority annexed as Annexure-'6' to the writ petition.
During the course of the argument, learned counsel for the petitioner submits that a direction be issued to the respondent to consider the complaint made by the petitioner and take an appropriate decision in accordance with law.
No plausible objection could be taken by the learned counsel for the respondent, to the said submission.
In view of the above, the writ petition is being disposed of with the direction to respondent no.1 to decide the complaint of the petitioner after providing due opportunity of hearing to the respondent no.3 by passing a reasoned and speaking order in accordance with law, preferably, within a period of two months from the date of receipt of the copy of this order.
Order Date :- 29.7.2021 Harshita