ASHUTOSH DWIVEDI v. STATE OF U.P. DEPTT. OF HOUSING AND URBAN PLANNING LKO. THRU. PRIN. SECRETARY AND 2 OTHERS
WRIC/913/2025 · 2025-02-10
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119832 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119832 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8365 Court No. - 7 Case :- WRIT - C No. - 913 of 2025 Petitioner :- Ashutosh Dwivedi Respondent :- State Of U.P. Deptt. Of Housing And Urban Planning Lko. Thru. Prin. Secretary And 2 Others Counsel for Petitioner :- Ashok Kumar Verma,Rajesh Kumar Counsel for Respondent :- C.S.C., Dwijendra Mishra Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the parties and perused the record.
2. The present petition has been filed by the petitioner challenging the order dated 14.02.2020 whereby the order of demolition was passed, an
order dated 06.04.2023 whereby the appeal preferred by the petitioner was dismissed and the
order dated 08.08.2024 whereby the revision was also dismissed.
3. The counsel for the petitioner argues that the first order of demolition was passed against the petitioner mainly rejecting the application for compounding on the non-compoundable part. He further argues that after the said order a fresh application was moved on 02.07.2020 for compounding
the
allegedly
offending constructions, which has not been disposed of and the order of demolition came to be passed.
4. The counsel for the respondent based upon the instructions states that no orders have been passed on the application dated 02.07.2022, which is still pending. He further argues that the map and the fees, which is required was also not deposited by the petitioner. The counsel for the petitioner states that the petitioner is willing to fulfill the lacuna in the application by submitting a form and the requisite expenses as prescribed.
5. In view thereof, the present petition is
disposed of directing the respondent authority to pass orders on the application dated 02.07.2022 and any fresh material that may be supplied by the petitioner within a period of 15 days from today. In case, the application is found to be fit in all respects, the same shall be disposed of by the authority concerned within a further period of two weeks. It is made clear that in case the petitioner does not file the compounding fees or the compoundable map, the authority would be at liberty to reject the application. For a period of four weeks or till the disposal of the application, whichever is earlier, the demolition in pursuance to the impugned order shall not be carried. Any fresh order is passed on the compounding application shall govern the rights inter-say in between the parties with regard to demolition.
Order Date :- 10.2.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench