Smt. Geeta Sharma and Another v. State of U.P. and 2 Others

Chief Justice's Court Case :- WRIT - C No. - 37096 of 2023 Petitioner :- Smt. Geeta Sharma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Pandey Counsel for Respondent :- CSC,Aditya Bhushan Singhal Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J.

¶1Heard learned counsel for the petitioners, Sri Aditya Bhushan Singhal, learned counsel for respondent no.3 and learned Standing Counsel appearing for the State-respondents.

¶2In this writ petition, the petitioner has challenged the demolition order dated

28.09.2023, whereby the petitioners have been asked to remove their illegal constructions, else the authority will demolish the same.

¶3Learned counsel for the petitioners submits that the petitioners have purchased the plots and after getting permission from Jewar Nagar Panchayat, have constructed their houses.

¶4Learned counsel for respondent no.3 submits that the order impugned is an appealable order and let the petitioners file an appeal challenging the demolition order dated 28.09.2023.

¶5Accordingly, without expressing any opinion on merits of the case, the writ petition is disposed of permitting the petitioners to file appeal under Rule/Regulation 4(2) of the Yamuna Expressway Industrial Development Authority as well as application for interim relief within 15 days from today. In the eventuality of doing so, the Appellate Authority is directed to decide the same on merits within a further period of three months from the date of service of certified copy of this order. The Authority shall also be at liberty to pass appropriate orders on the application for interim relief.

¶6Till three months from today, no demolition activity shall take place on the land in question. Order Date :- 16.11.2023 Mukesh Pal (Ashutosh Srivastava, J) (Pritinker Diwaker, CJ) High Court of Judicature at Allahabad