RAKESH GUPTA Vs. STATE OF U.P

JUDGEMENT

(1.) Sri Saurabh Basu, learned counsel for the petitioners, Sri J. N. Maurya, learned Standing Counsel assisted by Sri Santosh Kumar Verma, learned Standing Counsel, for the State, Sri A.P. Paul, learned counsel assisted by Sri Shailja Kant Tripathi, for the Prayagraj Development Authority, Sri Satyavrat Sahai, learned counsel for the Nagar Nigam, Prayagraj and Sri Anurag Khann, learned Senior Counsel assisted by Sri Ramesh Chandra Tiwari, for the Intervener.

(2.) The writ petition has been filed seeking a writ of mandamus commanding the Prayagraj Development Authority, Prayagraj, not to interfere in the possession of the petitioners and not to undertake the demolition work in respect of property bearing No.414/415/1 Sulem Sarai Awas Yojana and Sulem Sarai, Allahabad.

(3.) The contention of the petitioners are that they are in possession over the plot and structure thereon in the shape of Homoeopathy Clinic and Eatery for the last more than 100 years and the said property is allotted a house number and is also assessed for the taxes. It is contended that the demolition is being undertaken pursuant to the orders passed in PIL No.1289 of 2019 for removing all the bottlenecks leading to various colonies on Kanpur Road and construction of dedicated corridor for the Prayagraj Airport. Further contention is that the survey report of the Prayagraj Development Authority has reported encroachments between pillar Nos.6/27 to 6/28, which encroachments have already been demolished. A compliance report in respect thereof has already been submitted. The property of the petitioners is situated between pillar Nos.6/29 to 6/30 and in no way encroaching the road. It is also contended that this Court vide order dtd. 11/1/2022 in PIL No.564 of 2020 has passed general orders putting in abeyance till 28/2/2022 all the orders of eviction, dispossession or demolition already passed by the High Court, District Court or Civil Court, if not executed till the date of passing of the order.