VIKASH RAI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rathore learned Counsel for the petitioners, Sri Shivam Yadav for the respondents No. 6 to 9, the learned Standing Counsel for the respondents No. 1 to 5 and 10 to 12 and Sri Vivek Varma for the respondents No. 13. The petitioners have challenged the notice for removal of construction over 100 feet wide road, Nirala Nagar Juhi Kalan, Kanpur. Such proceedings have been undertaken under section 26(A)-1 read with section 26(A)-4 of the U.P. Urban Planning and Development Act, 1973. Sri Shiv Kumar Yadav has appeared for the caveator who had filed Writ Petition No. 71974 of 2009.

(2.) This is a matter which has arisen on account of an allegation of encroachment over a 100 feet wide road in Kanpur which became subject-matter of allotment through the Government Orders dated 15.1.2009 and 19.1.2009. The road which was 100 feet wide was reduced to 60 feet and the scheme appears to have been floated on the birthday of the former Chief Minister of U.P. on 15.1.2009.

(3.) Learned Counsel for the petitioners submits that these Government Orders have been issued in the exercise of powers under section 41 of the U.P. Urban Planning and Development Act, 1973. Learned Counsel has further relied on certain interim orders passed by this Court and has urged that once the petitioners have been rehabilitated under a particular scheme it is not open to the respondents to carry out any demolition in the name of encroachment.