Petitioner challenged a show cause notice for demolition of construction over Khasra no. 242. Court held no ground to quash mere notice but directed a speaking order before coercive action.
Petition disposed; directed that explanation be considered via speaking order before any coercive action.
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Court No. - 21
Case :- WRIT - C No. - 39656 of 2022
Petitioner :- Sukhbir Singh Chauhan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shailesh Upadhyay,Shiv Shantosh Pandey Counsel for Respondent :- CSC,Kaushalendra Nath Singh
Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.
The instant petition has been filed calling in question notice dated 8.12.2022 requiring the petitioner and certain other persons to show cause within seven days as to why constructions existing over Khasra no. 242 be not demolished having been raised in contravention of the provisions of the U.P. Industrial Area Development Act, 1976.
Learned counsel for the petitioner submits that the petitioner has already filed objection against the notice on 13.12.2022, but without deciding the same, the respondent Authority is threatening to demolish the constructions.
Sri Kaushalendra Nath Singh, learned counsel appearing on behalf of the Noida Authority states that without deciding the objections, no coercive action will be taken.
As impugned notice is only a show cause notice, therefore no ground is made out to quash the same. At the same time, we dispose of the instant petition by providing that the explanation submitted by the petitioner shall be considered and decided by means of a speaking order before taking any coercive action.
(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)
Order Date :- 23.12.2022 Jaideep/-
Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad
2 issues framed by the court
Whether a show cause notice requiring the petitioner to show cause as to why constructions be not demolished can be quashed.
Whether coercive action of demolition can be taken without first deciding the objections filed by the petitioner.
1 provisions across 1 enactments
Sukhbir Singh Chauhan
State Of U.P.
2 Others
Manoj Kumar Gupta
Jayant Banerji
As recorded by the court registry
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