The High Court directed the Chairman of Gorakhpur Development Authority to decide the petitioner's pending appeal within four weeks and stayed demolition of the property till then.
Direction to decide appeal within four weeks; stay on demolition till order is passed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 32
Case :- WRIT - C No. - 40307 of 2019
Petitioner :- Smt. Asiya Khatoon Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ali Hasan, Istiyaq Ali Counsel for Respondent :- C.S.C., K.R. Singh
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
This writ petition has been filed, interalia, for the following relief:-
"(i) Issue a writ, order or direction in the nature of mandamus directing to respondent no. 2 to decide the Appeal No. C-201905000001062 of 2019 (Smt. Asiya Khatoon Versus Gorakhpur Development Authority, Gorakhpur) under Section 27(2) of U.P. Urban Planning and Development Act, 1973 (contained as Annexure No. 8 to the writ petition) within some stipulated period as fixed by this Hon'ble Court and till the disposal of the appeal before respondent no. 2 the demolition of the residential construction in pursuant to the order dated 24.04.2019 passed by respondent no. 4 in Case No. 16 of 2018 (Gorakhpur Development Authority, Gorakhpur Versus Smt. Ayasha alias Asiya Khatoon), under Section 27 of U.P. Urban Planning and Development Act, 1973 may be stayed."
Heard learned counsel for the petitioner, Sri K.R. Singh, learned counsel for the respondentsGorakhpur Development Authority and perused the record.
Learned counsel for the petitioner has stated that the appeal filed by the petitioner against the order of demolition is pending before the respondent no. 2 but no interim order has been passed on the said appeal. He further submitted that despite the fact that the appeal is still pending before the concerned authority, the property in question is being demolished by the concerned authorities. He further submitted that the respondent no. 2 may be directed to decide the appeal of the
petitioner within a stipulated period of time.
Considering the facts and circumstances of the case, the respondent no. 2- Chairman, Gorakhpur Development Authority/Commissioner, Gorakhpur Region, Gorakhpur is directed to decide the appeal filed by the petitioner i.e. Appeal No. C-201905000001062 of 2019 (Smt. Asiya Khatoon Versus Gorakhpur Development Authority, Gorakhpur) under Section 27(2) of U.P. Urban Planning and Development Act, 1973, by a reasoned and speaking order after affording opportunity to the petitioner, within four weeks from today.
For a period of four weeks from today or till the passing of the order by the authority concerned on the appeal filed by the petitioner, whichever is earlier, the property in question shall not be demolished.
With the aforesaid observation, this writ petition stands finally disposed of.
This order has been passed in the presence of Sri K.R. Singh, learned counsel for the respondentsGorakhpur Development Authority.
Order Date :- 7.12.2019 Arun
2 issues framed by the court
Whether the authority is liable to decide the pending appeal within a stipulated time.
Whether demolition of the property should be stayed till the disposal of the appeal.
1 provisions across 1 enactments
Smt. Asiya Khatoon
State Of U P
Gorakhpur Development Authority
Commissioner, Gorakhpur Region
3 Others
Shashi Kant Gupta
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
