This court dismissed a writ petition challenging the cancellation of a temporary land allotment for a plant nursery. The authority cancelled it to widen a road and develop a park. The court held the injunction could not bar the dispossesession of temporary allotment.
Petitioner directed to vacate the land; writ petition dismissed.
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Court No. - 34
Case :- WRIT - C No. - 22656 of 2020
Petitioner :- Shiv Nath Chaurasiya Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Pramod Kumar Gupta,Sanjai Kumar Pandey Counsel for Respondent :- C.S.C.,Satendra Pratap Singh
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Jayant Banerji,J.
It is an admitted fact of the matter that the land in the road side patri has been allotted to the petitioner on temporary basis for running a plant nursery. The said allotment is sought to be cancelled by the order dated 16.10.2020, wherein, it is recorded that the said road side patri is needed for beautification/widening and development of a park at the crossing.
The submission of the learned counsel for the petitioner is that on a previous occasion, a similar action was taken against the petitioner but on the challenge made by the petitioner, the allotment was allowed to continue. The submission is that the petitioner has filed a civil suit, namely, Original Suit No. 409 of 2002 against the Nagar Palika Parishad and the District Administration, wherein an interim injunction restraining the respondents from evicting the petitioner without taking due process of law, has been granted.
A perusal of the interim injunction order dated 31.5.2006 shows that the interim injunction application 6 Ga 2 was accepted and the respondents have been directed not to dispossess the petitioner except following the due process of law. The petitioner has also been restrained from raising any permanent construction over the site in dispute.
Considering the fact that the road side patri was temporary allotted and the area in dispute is needed for the widening/beautification of the road and creation of park at the crossing, we do not find any good ground to entertain the challenge to the decision of the competent authority to cancel the allotment and asking the petitioner to vacate. We further make it clear that the interim injunction granted cannot come in the way of the respondents in reclaiming the land allotted by them to the petitioner on temporary basis, in accordance with law.
This writ petition is, accordingly, dismissed.
Order Date :- 15.12.2020 A. V. Singh
2 issues framed by the court
Whether a temporary land allotment for a plant nursery can be cancelled for road widening and park development.
Whether an interim injunction prevents the administrative authority from reclaiming temporarily alloted land.
Shiv Nath Chaurasiya
State Of U.P.
6 Others
Sunita Agarwal
Jayant Banerji
As recorded by the court registry
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