Mohd Taufeek And Another vs State Of U P And Others

Court No. - 1

Case :- WRIT - C No. - 20530 of 2019 Petitioner :- Mohd. Taufeek And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prem Shankar,Shahabuddin Counsel for Respondent :- C.S.C.,Brijesh Ojha

Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.

Heard Sri Prem Shankar, learned counsel for the petitioners, Sri Brijesh Ojha, learned counsel for respondent No.3, learned Standing Counsel for respondent Nos.1 and 2 and perused the record.

By means of this petition the petitioner has approached this Court for seeking relief in the nature of mandamus directing the respondents not to demolish the constructions of the petitioner over plot No.52/2m, area 63.54 sq. metre situate in Village Dunda Heda, Pargana Loni, Tehsil and District Ghaziabad.

The plea taken by the petitioner is that earlier the vendor-Pramila Devi had approached this Court by means of Writ-C No.18773 of 2019 in which this Court had passed the following order:

"Heard learned counsel for the petitioner, learned Standing Counsel and Sri Brijesh Ojha who has appeared for respondent No.3.

The petitioner purchased a plot of land measuring 230 square yards of Khasra plot No. 52/2 Gata No. 456 situate in village Dundahera (Loni), Pargana and District Ghaziabad vide registered sale deed dated 17.11.2014.

Out of the aforesaid land, the petitioner transferred 86 square yards to one Furkan Tausheeff and thus the petitioner was left with only 144 square yards of land.

The contention of the petitioner is that the Nagar Nigam, Ghaziabad is illegally trying to demolish his constructions existing on the aforesaid 144 square yards of land.

Learned counsel for Nagar Nigam submits that the petitioner has encroached upon the public land and only the encroachment part is being sought to be demolished and that no part of the constructions of the petitioner, if any, existing on 144 square yards of land as aforesaid would be touched.

In view of the aforesaid statement, as the Nagar Nigam is not demolishing any part of the constructions of the petitioner which exist on 144 square yards of land of plot No. 52/2 Gata No. 456, we are of the opinion that no cause of action survives in this petition to be adjudicated upon and it, accordingly, stands disposed off on the aforesaid statement of counsel for Nagar Nigam, Ghaziabad."

The petitioner now submits that the portion of the house that he has been purchased from Smt. Pramila Devi is now being sought to be demolished. At this stage, learned counsel appearing for respondent No.3-Corporation submits that there is no order passed for demolition of the house of the petitioner standing on plot No.52/2m, area 63.54 sq. metre situate in Village Dunda Heda, Pargana Loni, Tehsil and District Ghaziabad. However, he submits that as and when the Corporation decides to proceed to remove unauthorized encroachment if any made by the petitioner it shall serve a notice in advance upon the petitioner to that effect seeking his reply. Thus, according to him any decision shall be taken by due process of law only.

In view of the statement given before this Court, we are of the opinion that the petitioner's house is not under any threat of demolition.

It is made clear, as and when the Corporation proceed to demolish the house of the petitioner, the Corporation shall abide by the statements made by his counsel before this Court.

With the aforesaid observation, the writ petition stands disposed of.

Order Date :- 13.8.2019 Nitin Verma (Ajit Kumar, J.) (Ramesh Sinha, J.)