Rameh Chandra And Others vs State Of U P And Others

Court No. - 32

Case :- WRIT - C No. - 2376 of 2013 Petitioner :- Rameh Chandra And Others Respondent :- State Of U.P. And Others Counsel for Petitioner :- R.K. Pandey Counsel for Respondent :- C.S.C.,P.K. Singh

Hon'ble Arvind Kumar Tripathi,J. Hon'ble Salil Kumar Rai,J.

Heard learned counsel for the petitioners, learned Standing Counsel, Mr. Manu Saxena, learned counsel for the respondent no. 6 and perused the record.

The present writ petition has been preferred with the prayer to issue a writ of mandamus restraining the respondent authorities from demolishing/evicting the shops/construction of petitioners. With further prayer to issue a writ of mandamus restraining the respondents not to interfere in the peaceful possession of the petitioners' shop/construction situated at "Mohalla Chowki Chungi Nadi Pul Par" without issuing any notice and providing the opportunity of hearing to the petitioners.

The present petition is pending since January 2013. Case of the petitioners is that the direction was issued for removal of the encroachment vide Government Order dated 14.12.2012 (annexure 10 to the writ petition). All the shops of the petitioners are neither situated over the land of Nagar Palika Parishad nor Avas Vikas nor any kind of dispute is pending. The shops are in existence for last more than 60 years. The petitioners are also paying Municipal Taxes and other dues. Under the garb of the said Government Order, the local authorities intended to demolish shop of the petitioners without notice or information or without providing any opportunity of hearing, hence, the present petition was filed.

As per information, in compliance of the directions contained in the G.O. dated 14.12.2012, the District Administration Bulandshahar, Nagar Palika Parishad Bulandshahar, and Khurja Bulandshahar Development Authority passed a resolution to initiate Anti Encroachment Drive in the city of Bulanshahar. Press Note dated 18/19.12.2012 was also issued to the residents of the Bulandshahar city to cooperate in the Anti Encroachment Drive and to voluntary remove all encroachment from over public roads, public drains within three days failing which, the same would be removed on their cost. Another public notice in all the prominent newspapers of Bulandshahar city inviting Press Conference on 19.12.2012 in the office of Nagar Palika Parishad Bulandshahar, so that due information would be given to all concerned through press publications regarding Anti Encroachment Drive as per G.O. dated 14.12.2012. The notified press conference was held on 19.12.2012 under the chairmanship of City Magistrate, Bulandshahar wherein also the members of the public and business persons were informed about the Anti Encroachment Drive. Another notice was published for the scheduled programme for identification/demarcation of encroachments on different roads of Bulandshahar city. In pursuance of the same, the encroachment/unauthorised constructions on public roads/public drains were demarcated by the District Administration/Nagar Palika Parishad in different localities including unauthorised encroachments by shopkeepers of Ram Babu Saxena Road from on 26.12.2012 in the presence of the representatives of the Vyapar Mandal office bearers. After demarcation of the encroachments, the public notice dated 11.1.2013 inviting all the concerned specially the owners of demarcated encroachments over public roads/public drains were proposed to be removed and if any person had any grievance then he might file objection in the office of Nagar Palika Parishad Bulandshahar within 15 days.

Hence, in view of the aforesaid, the opportunity was given to the petitioners, however, case of the petitioners is that no opportunity was given and as such, in the interest of justice, since there is an interim order, last opportunity is given to the petitioners. They may file their objections before the Nagar Palika Parishad, Bulandshahar within three weeks from today. The authorities concerned shall consider the grievance/objection of the petitioners within a reasonable period preferably within four weeks after objections are filed. Till objections are decided, the status quo with regard to the shops in question shall remain maintained.

With aforesaid observations and direction, the present petition is finally disposed off.

Order Date :- 8.11.2017 A.K.Srivastava