Sadik Zafar v. State of U.P. and 7 Others

Court No. - 21 Case :- WRIT - C No. - 35615 of 2023 Petitioner :- Sadik Zafar Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Firdos Ahmad,Mahesh Kumar Counsel for Respondent :- C.S.C.,Mohd. Aslam Khan Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Donadi Ramesh,J.

¶1Heard Sri Firdos Ahmad, learned counsel for the petitioner and Sri Nayab Ahmad Khan, learned counsel appearing on behalf of Nagar Palika.

¶2The instant petition has been filed praying for quashing of the notice dated 09.06.2023 issued by respondent no. 3 directing the petitioner to forthwith stop the constructions being raised by him failing which coercive measures will be taken against him. The said warning has been issued on the footing that there is no sanctioned plan of the constructions which are under way.

¶3Counsel for the petitioner submits that the building plan of the petitioner was sanctioned on 16.11.2022 (Annexure 11).The duration of the sanction order was one year. The said period has yet not expired and therefore, the recital in the impugned notice that there is no sanctioned plan, is incorrect.

¶4Counsel for the petitioner further submits that the petitioner has filed detailed objection on 17.06.2023 and prays that the respondents be directed to decide the same.

¶5Learned counsel appearing on behalf of respondents no. 2 and 3 submits that in the sanction order there was condition that in case there is any pending litigation in respect of the subject land the sanction order would stand cancelled.

¶6In the impugned notice, there is no finding that sanction order is being treated to be cancelled on any ground whatsoever, rather the order states that the petitioner was raising constructions without having any sanctioned plan. Therefore, we direct the third respondent to pass a speaking order on the objection that may be filed by the petitioner within two weeks from today alongwith true attested copy of the instant order. The decision will be taken within next four weeks and will be communicated to the petitioner soon thereafter.

¶7In the meantime, no coercive action shall be taken against the petitioner in pursuance of impugned notice. At the same time, the petitioner will also not raise any further construction until decision is taken by respondent no. 3 in compliance of the instant order.

¶8The petition stands disposed of accordingly. (Donadi Ramesh, J.) (Manoj Kumar Gupta, A.C.J.) Order Date :- 23.11.2023 Ruhi H. High Court of Judicature at Allahabad