Learned counsel for the petitioners submits that the petitioner nos.1 and 2 were allotted aforesaid House Nos.728 and 728/1 by the U.P. Avas Evam Vikash Parishad in the year 1994. Thereafter, the U.P. Awas Evam Vikas Parishad executed registered sale deeds of the aforesaid houses in favour of the petitioner nos.1 and 2 on 09.6.2000 and 03.3.2009 respectively. The petitioner no.1 applied for converting the house no.728 into commercial and the same was allowed on 26.2.2003. The map was duly sanctioned on 26.2.2003 and whatever construction has been raised, the same was duly approved by the U.P. Awas Evam Vikash Parishad. It is alleged that without any notice or opportunity to the petitioners, the officials of Prayagraj Development Authority, alongwith police force reached on the spot on 05.1.2021 and demolished part of the house in question. He submits that once the land belongs to the U.P. Awas Evam Vikash Parishad and the said area comes under the purview of U.P. Awas Evam Vikas Parishad Act, 1965 then the Prayagraj Development Authority has no authority to carry out the demolition of the house in question. In case the Prayagraj Development Authority has any objection regarding the fresh construction, then definitely the same is to be addressed as per provisions contained in Section 59 of U.P. Urban Planning and Development Act, 1973.
