Petitioner owns a building ordered demolished under Section 331 U.P. MC Act 1959 for safety. Court granted liberty to petitioner to reply detailing obstructions before further municipal action.
Disposition of petition with liberty to petitioner to reply to impugned notice detailing obstructions before further municipal action.
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Court No. - 21
Case :- WRIT - C No. - 25397 of 2022
Petitioner :- Smt. Preeti Verma Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Kartikeya Saran,Gaurav Dixit,Ram Lal Mishra Counsel for Respondent :- C.S.C.,Vaibhav Dixit
Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
Heard Sri Kartikeya Saran, learned counsel for the petitioner, learned standing counsel for State respondents and Sri Abhinav Krishna for respondents no.2 and 3.
The petitioner has filed the instant petition praying for a mandamus directing respondent no.3 to demolish building bearing no.43/61 Dhobi Mohalla, Kanpur. The petitioner is owner of the said building. A notice under Section 331 of the U.P. Municipal Corporations Act, 1959 dated 25.3.2022 has been issued to the petitioner and other occupants of the building. The notice requires the petitioner to undertake repairs of the building so as to make it safe to general public or demolish it.
There is no material on record to show that the petitioner has made any effort to carry out her obligations under the Statute.
Sri Kartikeya Saran, counsel for the petitioner submitted that one tenant in the building has obtained some injunction order from the civil court. He seeks time to reply to the impugned notice and bring the aforesaid facts to the notice of Nagar Nigam so that Nagar Nigam may take further action in the matter in accordance with law.
We dispose of the petition with liberty to the petitioner to reply to the impugned notice detailing therein the obstructions in the way of the petitioner in demolishing the building and whereupon, the Nagar Nigam will take further action in the matter in accordance with law.
(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)
Order Date :- 16.9.2022 SL
Digitally signed by SHYAM LAL Date: 2022.09.16 14:26:56 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant liberty to petitioner to reply to impugned notice regarding demolition of unsafe building.
1 provisions across 1 enactments
Smt. Preeti Verma
State Of U.P.
Manoj Kumar Gupta
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
