Smt. Uma Sharma v. State of U.P. and 3 Others

Court No. - 6 Case :- WRIT - C No. - 30628 of 2023 Petitioner :- Smt. Uma Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raghwendra Prasad Mishra,Avneesh Tripathi Counsel for Respondent :- C.S.C.,Dharmendra Singh Chauhan Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Raghwendra Prasad Mishra, learned counsel for the petitioner, Mr. Dharmendra Singh Chauhan, learned counsel for respondent nos.2 and 4 and learned Standing Counsel for the State-respondents. The writ petition has been filed by the petitioner with a prayer to quash the impugned orders dated 19.06.2015, 07.12.2017,

04.08.2023 passed by respondent nos.4, 2 and 1 respectively. It is further prayed to direct the respondents not to give any effect of the impugned orders dated 19.06.2015, 07.12.2017 passed by respondent nos.4 & 2 respectively and the respondents may be restrained from demolishing the house of the petitioner situated in Khasra No.106 in Village Rajpur Khadar Vrindavan Tehsil, District Mathura. Brief facts of the case; in the proceeding initiated against the petitioner under U.P. Urban Planning Development Act, 1973, certain directions were issued in Public Interest Litigation No.2593 of 2010, accordingly, the publication was made in the year 2017 regarding some demolition order passed in the year 2003. After coming to know about the aforesaid order, the petitioner being aggrieved, filed Writ C No.48811 of 2017, in which, the co-ordinate Bench of this Court vide order dated 23.10.2017 directed the appellate authority to decide the appeal of the petitioner filed under Section 27 of the U.P. Urban Planning and Development Act, 1973 within two months from the date of production of a certified copy of that order. It was further directed that till disposal of the appeal, no coercive action to be taken by the development authority with regard to the demolition in question. Learned counsel for the petitioner submits that the authorities concerned have rejected the appeal filed by the petitioner as time barred which is under teeth of the order passed by this Court in Writ C No.48811 of 2017 as it was clearly directed to decide the appeal on merits in accordance with law. Mr. D.S. Chauhan, learned counsel for the development authority could not dispute the aforesaid facts. I have very carefully examined the submissions made by the learned counsel for the parties and perused the impugned order as well as the other materials brought on record. Under such circumstances, the impugned order dated 07.12.2017 passed by the respondent no.2, Commissioner, Agra Division, Agra/Chairman Vrindavan Development Authority, Mathura, is set aside. The matter is remitted to the appellate authority i.e. respondent no.2, to decide the appeal, as filed by the petitioner, on merits, in accordance with law, by means of a reasoned and speaking order, as expeditiously as possible, preferably within a period of three months, from the date of production of a certified copy of this order. For the period of three months of till final decision of the appeal, whichever is earlier, no coercive action shall be taken against the petitioner. With the aforesaid observations/directions, the writ petition stands allowed, accordingly. Order Date :- 29.11.2023 Rahul. High Court of Judicature at Allahabad