Court No. - 42
Case :- WRIT - C No. - 18953 of 2019 Petitioner :- Vrindavan Green Apartment Owners Association And Another Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Piyush Shukla,Mr. Anil Bhushan (Senior Advocate),Pratyush Shukla Counsel for Respondent :- C.S.C.,Vrindavan Mishra
Hon'ble Ajay Bhanot,J.
Heard Sri Anil Bhushan, learned Senior Counsel assisted by Sri Piyush Shukla, counsel for the petitioner and Sri Vrindavan Mishra, learned counsel appearing on behalf of the respondent Ghaziabad Development Authority.
On the basis of written instructions Sri Vrindavan Mishra, learned counsel for the respondent Ghaziabad Development Authority submits that a demolition order was passed in regard to the residential complex on 18.04.2018. The order has been provided to the Court and is being made part of the record of the Court.
Sri Anil Bhushan, learned Senior Counsel for the flat owners submits that the entire proceedings culminating in the demolition order were exparte to the petitioners. The petitioners are flat owners and they are liable to be directly affected by the adverse orders passed against the builders. The builders have abandoned the petitioners and left them to their own device.
Sri Vrindavan Mishra, learned counsel in his usual fairness submits that the order of demolition dated 18.04.2018 is an appealable order. The petitioners being flat owners have locus standi to file an appeal before the competent authority under Section 27 (2) of the U.P. Urban Planning and Development Act, 1973.
Heard learned counsel for the parties.
With the consent of learned counsel for the parties the matter is being disposed of finally.
The petitioners are the flat owners of a residential complex existing under the name and style of Vrindavan Green Apartment. A demolition order has been passed for demolition of the aforesaid premises, on the foot of a default made by the builder.
In the light of the submissions made above, this Court finds that the petitioners are directly aggrieved by the order of demolition dated 18.04.2018. Further the petitioners were not in any manner associated with nor were given notice of the proceedings which culminated in the order of demolition. The petitioners have an adequate and appropriate remedy of filing an appeal before the competent authority under Section 27 (2) of the U.P. Urban Planning and Development Act, 1973.
It is open to the petitioners to file an appeal against the order of demolition dated 18.04.2018 passed by the Ghaziabad Development Authority, before the competent authority as stated above within a period of one month. In case, such appeal is filed the same shall be decided on merits without going into the issue of limitation. Since the residential apartments are under threat of demolition the respondents are directed to maintain status quo in regard to the aforesaid apartment for a period of one month.
It is open to the petitioners to file an application for interim protection before the competent authority along with memo of appeal. In case, such application for interim protection is filed the appellate authority shall decide the application looking to the urgency of the matter and pass appropriate orders therein.
The writ petition is disposed of.
Order Date :- 30.5.2019 Pravin