Disposed

C/M, Sham-E-Husaini Institute of Nursing and Paramedical College and Hospital and Another v. State of U.P. and 2 Others

Allahabad HC4 Nov 2020WRIC/17734/2020

Case brief

AI extract

What is this about?

Court granted interim stay on demolition pending filing of revision before competent authority under Section 15-A of U.P. Regulation of Building Operations Act, 1958, with specific timelines for decision.

What did the court decide?

Stay on demolition for six weeks pending revision under Section 15-A; authority to decide within six weeks.

C/M, Sham-E-Husaini Institute of Nursing and… — Landlord and Tenant | Allahabad HC (2020)

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Court No. - 34

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Case :- WRIT - C No. - 17734 of 2020

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Petitioner :- C/M, Sham-E-Husaini Institute Of Nursing And Paramedical College And Hospital And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Singh Kushwaha,Udai Karan Saxena(Senior Adv.) Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Jayant Banerji,J.

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Heard Shri Udai Karan Saxena, learned Senior Advocate assisted by Shri S.K.S. Kushwaha, learned Advocate appearing for the petitioners and learned Standing Counsel for the Staterespondents.

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After a brief submission on the merits of the case, learned counsels for the petitioners submit that the petitioners proposed to file a revision under Section 15-A of the U.P. (Regulation of Building Operations) Act, 1958, inasmuch as, the legality and proprietary of the order of demolition and the order passed by the Appellate Authority can be looked into by the State Government in exercise of its powers under the Act.

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On the said submission, it is provided that;-

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The petitioners shall file a revision under Section 15-A of the Act of 1958 before the competent authority within a period of 15 days from today alongwith a self-attested e-copy of this order.

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In case revision is filed within the time given above, the competent authority shall be under obligation to take a decision in accordance with law within a further period of six weeks.

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The copy of the order so passed shall be provided to the petitioners immediately thereafter.

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For a period of six weeks from today or till a decision is taken by the revisional authority, whichever is earlier, further demolition of the buildings/construction existing on the spot, of Sham-E-Husaini Institute of Nursing and Paramedical College and Hospital Shah Barkhurdar, Ghazipur run by Uttar Pradesh Samaj Muslim Educational Development Welfare Sewa Samiti,situated in Mauja Rauja Shah Barkhurdar, Pargana & District Ghazipur subject matter of dispute in the present

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petition shall remain stayed.

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The writ petition is disposed of with the aforesaid observation.

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Order Date :- 4.11.2020 A. V. Singh

C/M, Sham-E-Husaini Institute of Nursing and Paramedical College and Hospital and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

C/M, Sham-E-Husaini Institute of Nursing and Paramedical College and Hospital and Another v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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