Allahabad HC Stays Demolition Of Azam Khan's Resort Allegedly Built On Govt Land [Read Order]

While directing Ms. Fatima to avail her statutory remedy under the Section 27(2) UP Urban Planning and Development Act, the Division bench comprising Justices Shashi Kant Gupta and Piyush Agrawal ordered thus:

"For a period of six weeks or till the disposal of the appeal, whichever is earlier, no coercive measures shall be taken against the petitioner."

The Resort was alleged to be an encroachment upon the Government Land and accordingly, the UP Govt had passed an order of demolition on August 27.

When the matter was taken up for hearing, the Respondent authorities informed the Court that the petition was not maintainable as the Petitioners had an efficacious alternate remedy by way of an appeal under Section 27(2) of the UP Urban Planning and Development Act.

"The petitioner has an alternative and efficacious statutory remedy by way of an appeal under Section 27(2) U.P. Urban Planning and Development Act for redressal of his grievance before the appellate authority but instead of availing the said alternative remedy, the petitioner has chosen to file the present writ petition, which is not maintainable before this court," the State's electricity department submitted.

As the Petitioner was unable to rebut this argument, the Court directed her to approach the appropriate Appellate Authority within two weeks, which shall decide the matter expeditiously, preferably within four weeks.

"If the petitioner files an appeal ,as advised, before the appropriate authority within two weeks from passing of the Order, the concerned authority shall decide the same on merits expeditiously preferably within four weeks from the date of filing of the said appeal in accordance with law by a speaking and reasoned order after giving opportunity of personal hearing to the petitioner without reference to the period of limitation, if the appeal is filed within the time as indicated herein above," the Court said.

It may be noted that all orders of eviction, dispossession or demolition were put in abeyance by the Allahabad High Court on imposition of Lockdown. The abeyance orders came to be extended by various subsequent orders, until August 31.However, no extension beyond the sad date was granted by the Allahabad High Court.

Case Details:

Case Title: Dr Tazeen Fatima v. State of UP & Ors.

Case No.: Writ C No. 13722/2020

Quorum: Justice Shashi Kant Gupta and Justice Piyush Agrawal

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Inputs from Ayushi Mishra