ASHOK KUMAR GUPTA Vs. STATE OF U.P

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Shri Vibhanshu Vaibhav, learned counsel representing the Nagar Nigam, Aligarh as well as the learned counsel for the applicants seeking impleadment of the intervenors.

(2.) This writ petition has been filed with a prayer to issue an appropriate direction to the District Magistrate, Aligarh and Senior Superintendent of Police, Aligarh to provide necessary police force to the petitioner to get the building demolished in compliance of the notice issued by Nagar Nigam, Aligarh dtd. 1/10/2024 under Sec. 331(1) of the U.P. Municipal Corporation Act, 19591. The petitioner has made further prayer to command the officials of the Nagar Nigam and District Administration to get the building demolished, bearing Municipal No. 2/206 at Sudama Puri, Ram Ghat Road, Aligarh, which is popularly known as 'Rama Devi Building '.

(3.) The petitioner claims to be the owner of the premises in question. In paragraph 6 of the writ petition, it is claimed that the building is nearly 100 years old and is in dilapidated condition. According to petitioner, the building in question is such that neither its maintenance is possible nor is it possible to be repaired inasmuch as any attempt at its renovation might result in collapse of the building itself. In paragraph 10 of the writ petition, it is claimed that on being apprised by one Mahesh Chandra Saxena, certain reports were called for by the authorities of Nagar Nigam, Alligarh. The building was inspected by the officials of the Nagar Nigam and it was found that the structures are in di- lapidated stage and will require demolition. The authorities are said to have found the building such that its collapse is quite imminent which may result in loss of life and property.