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Neutral Citation No. - 2025:AHC:110409-DB Court No. - 29 Case :- WRIT - C No. - 16046 of 2025 Petitioner :- Mewa Ram Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Rajnish Dubey Counsel for Respondent :- C.S.C.,Manu Ghildyal,Tejasvi Misra Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioner, Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State- respondent nos. 1 to 3, and Shri Manu Ghildyal, learned counsel for the respondent nos. 4 to 6 Ghaziabad Development Authority.
2. The instant writ petition has been preferred for a direction to the respondent authorities concerned to demolish the unauthorised construction of shop/office/toilets etc constructed by the private respondent no. 7 in the basement/parking area of residential flat at plot no. 14 Gyan Khand-I, Indirapuram, Ghaziabad.
3. In support of his submission, learned counsel for the petitioner placed reliance upon the communication dated 15.3.2024 issued by Incharge Enforcement Zone-6, which is also annexed as annexure no. 6 to the writ petition. He submits that it is not in dispute that the respondent no. 7 has carried out certain constructions contrary to the approved building plan and certain commercial activities are also being carried out over the disputed site. In spite of the decision taken by the Ghaziabad Development Authority, the same has not been acted upon till date.
4. Learned counsel for the Ghaziabad Development Authority fairly states that some breathing time may be provided to carry out
remedial measures in the light of the communication dated
15.3.2024.
5. In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and without adverting on merit of the case, the writ petition is disposed of finally with the direction to the second respondent to take all remedial measures to ensure no such construction may be carried out contrary to the approved building plan and further no such commercial activity may be permitted to carry out in the residential area except in accordance with law, as expeditiously as possible and preferably within six weeks from the date of production of a copy of this
order before him but certainly after affording opportunity of hearing to respondent no. 7 in the matter.
Order Date :- 10.7.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad