KAMLA DEVI Vs. NAGAR NIGAM

JUDGEMENT

(1.) We have heard learned counsel for parties and perused the pleadings of writ petition. Learned counsel submitted that petitioners belong to weaker section of the society in terms of definition as contained in the explanation to Section 26-A of the Uttar Pradesh Urban Planning and Development Act, 1973, therefore, before issuing order of demolition of petitioners' houses, alleged to be constructed on the public lands, they should have been given opportunity by way of issuance of notice. It is also a submission of learned counsel that the petitioners have been provided electricity and water connection, apart from other civic facilities, therefore, Municipal Corporation, Lucknow, should not have passed the impugned order for demolition of their houses without prior intimation.

(2.) On the other hand, learned counsel for Lucknow Municipal Corporation, while referring to Section 296of Uttar Pradesh Municipal Corporation Adhiniyam, 1959, submits that the Municipal Commissioner may, without notice, remove anything erected, deposited or hawked or exposed for sale in contravention of Act.

(3.) On due consideration of rival submissions, we do not find any merit in the submission of the petitioners for the reason that admittedly houses were constructed on public land, some time 40 years back, as claimed by the petitioners. Though learned counsel argues that the petitioners are the members of weaker section of society and relies upon the explanations to the provisions of the proviso to Section 26-A of the U.P. Act of 1973 in support of the argument, that the petitioners cannot be removed from the public lands without giving notice but we do not find any substance in this contention.