Disposed

Vidya Devi v. State of U.P. Thru. Secy. Urban Development Civil Secrt. Lko. and Another

Allahabad HC7 Aug 2024/6769/2024

Case brief

AI extract

What is this about?

Petitioner challenged a demolition notice issued by Lucknow Municipal Corporation. Court stayed demolition pending decision on representation and directed authority to decide same by reasoned order within three weeks.

What did the court decide?

Demolition of petitioner's house stayed for three weeks; opposite party directed to decide petitioner's representation by reasoned order within that period.

Vidya Devi Vs State of U.P. Thru. Secy. Urban… — Landlord and Tenant | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:54315-DB

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Court No. - 3

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Case :- WRIT - C No. - 6769 of 2024

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Petitioner :- Vidya Devi Respondent :- State Of U.P. Thru. Secy. Urban Development Civil Secrt. Lko. And Another Counsel for Petitioner :- Rahul Mishra Counsel for Respondent :- C.S.C.,Namit Sharma

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the petitioner, learned standing counsel who appears on behalf of the State-respondents and Sri Vinod Kumar Shukla who has filed his power on behalf of opposite party no. 2.

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This petition has been filed by the petitioner with the following main prayers:-

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"a. Issue a writ, order or direction in the nature of Certiorari quashing the notice dated 18.07.2024 given by Lucknow Municipal Corporation which has been issued in the name of the petitioner's husband, annexed herewith as annexure no. 2.

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b. Issue a writ, order or direction in the nature of MANDAMUS commanding the respondents to stop the illegal demolitions going on in khasra no. 612 and 613, Tehsil-Sarojini Nagar, Farukkhabad Chillawan, Ward no.18, Sarojini Nagar-IInd, Lucknow (U.P.)."

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It is the case of the petitioner that she had purchased land in Khasra Nos. 612 and 613 Tehsil-Sarojini Nagar, Farukkhabad Chillawan, Ward No. 18, Sarojini Nagar- IInd, Lucknow in 2004 and constructed a house thereon. The petitioner is living with family in the said property since 2004. On 18.7.2024, the petitioner has received a notice from the Lucknow Municipal Corporation in the name of the petitioner's husband saying that the petitioner's house stands on a talab and shall be demolished, unless the petitioner is able to produce any documentary evidence of legal ownership.

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The petitioner has visited the office of opposite party no. 2 on several occasions, but has not been heard, hence, this petition has been filed with the aforesaid prayer.

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Learned counsel appearing for the respondent has pointed out that the notice that was issued to the petitioner relates to construction made on plot nos. 608 and 614 admeasuring 0.354 hectare and 0.139 hectare respectively, which is land belonging to Nagar Nigam and the petitioner has been found to have encroached upon 96 square meter of such land, which has been directed to be removed on her own or else the same shall be demolished and action taken against the encroacher, in accordance with law.

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This Court has perused the notice dated 18.7.2024 under sections 296 and 299 of the U.P. Municipal Corporation Act 1959.

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Learned counsel for the petitioner says that she has already submitted her reply to the said notice on 23.7.2024 that the respondents have threatening to demolish the house of the petitioner hence, this petition has been filed with the aforesaid prayers.

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This petition is disposed of with the direction to the opposite party no. 2 to decide the representation of the petitioner, in accordance with the law by reasoned and speaking order, within period of three weeks from the date of copy of this order is produced before him. For the period of three weeks or till such a decision is taken on the representation of the petitioner, whichever is earlier, the demolition of the petitioner's house situated in Khasra Nos. 612 and 613 shall be kept in abeyance.

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Order Date :- 7.8.2024 Mayank

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Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Vidya Devi v. State of U.P. Thru. Secy. Urban Development Civil Secrt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Vidya Devi v. State of U.P. Thru. Secy. Urban Development Civil Secrt. Lko. and Another

Case brief

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