PAWAN KUMAR Vs. ADDITIONAL DISTRICT JUDGE IV

JUDGEMENT

(1.) Heard Shri Mohd. Arif Khan, learned Senior Advocate assisted by Shri Mohd. Aslam Khan, learned counsel for the applicants-petitioners and Shri S.K. Mehrotra, learned counsel for the opposite party-landlord on the application for modification/ clarification of the order dated 16.12.2014 passed by this Court in Writ Petition No.60 (RC) of 2006, whereby the writ petition was disposed of with the direction to the opposite party landlord that after sanction of map, he will intimate in writing to the petitioners-tenant, who shall vacate and hand over peaceful possession of the building in their occupation to the opposite party landlord within a month and the opposite party landlord shall raise new construction in accordance with the sanctioned map within a year. It was kept open for the petitioners to apply before the District Magistrate under Sec. 24 of the U.P. Act No.13 of 1972 for re-allotment and fixation of rent.

(2.) Counter affidavit and rejoinder affidavit have been exchanged and I have heard learned counsel for the parties.

(3.) Shri Mohd. Arif Khan, learned Senior Advocate appearing on behalf of the applicants-petitioners submits that the applicants-petitioners are at present in occupation of a shop on the ground floor and on the front side of the building and they have an apprehension that after its demolition and reconstruction, the opposite party landlord may not give them the shop on the ground floor and on the front side of the building. Therefore, the order dated 16.12.2014 may be modified to the extent that a direction be issued to the opposite party landlord to give possession of a newly constructed shop situated on the ground floor and on front side of the building.