Disposed

Gaurav Arora and 3 Others v. State of U.P. and 3 Others

Allahabad HC22 Dec 2022WRIC/40039/2022

Case brief

AI extract

What is this about?

In an oral mention writ petition, the Allahabad High Court restrained the Prescribed Authority, Regulated Area, Farrukhabad from taking coercive action, including demolition, ordering them to pass a speaking order after considering the petitioners' objections and evidence within four weeks.

What did the court decide?

Court directed Prescribed Authority to pass a speaking order considering objections and evidence within four weeks; no coercive action permitted until objections decided; petitioners to file attested

Gaurav Arora and 3 Others Vs State of U.P. and… — Municipal and Town Planning | Allahabad HC (2022)

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Court No. - 21

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Case :- WRIT - C No. - 40039 of 2022

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Petitioner :- Gaurav Arora And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Mehrotra,Mehul Khare Counsel for Respondent :- C.S.C.

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Jayant Banerji,J.

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On oral mention made by learned counsel for the petitioner that the matter is extremely urgent, we sent for record of the case and the matter has been heard in presence of the counsel for the parties.

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The instant petition has been filed praying for a writ of mandamus restraining respondent no. 2 from demolishing the constructions existing over Khasra No. 609M 610, Allah Nagar, Badhpur, Thandi Sadak, Farrukhabad without following due procedure of law.

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The case of the petitioners is that they were issued notices by the Prescribed Authority, Regulated Area, Farrukhabad requiring them to show cause as to why the maps sanctioned in respect of a residential building be not cancelled. The petitioners responded to the notice by filing their reply dated 14.11.2022. However, without considering the reply, sixteen more notices were issued all dated 12.12.2022 fixing 15.12.2022 for appearance. Thereafter, another notice has been issued on 16.12.2022 fixing 19.12.2022. The petitioners claim that a huge police contingent came at the site and started taking measurements. The petitioners apprehend that their constructions would be demolished without taking into consideration the objection filed by them.

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Learned Standing Counsel appearing for the State-respondents submits that the respondents will pass a speaking order taking into consideration the objections filed by the petitioners before taking any further action in the matter.

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Accordingly, we dispose of the instant petition with direction to respondent no. 2 i.e. Prescribed Authority, Regulated Area, Farrukhabad to pass a speaking order on basis of objections and evidence filed by the petitioners in response to notices issued to them from time to time and until the objections are decided, no coercive action shall be taken.

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The proceedings will be concluded expeditiously and not later than four weeks from today. The petitioners shall file a true attested copy of the instant order before the Prescribed Authority, Regulated Area, Farrukhabad within one week from today. It shall be open to the petitioners to file additional reply and evidence while filing true attested copy of the instant order and in which event, the same will also be taken into consideration while taking decision.

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Order Date :- 22.12.2022 A. V. Singh

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(Jayant Banerji, J.) (Manoj Kumar Gupta, J.)

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Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad

Gaurav Arora and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Gaurav Arora and 3 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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