BHOLA MALI Vs. ZILA PARISHAD JAUNPUR

JUDGEMENT

(1.) BY means of this petition the petitioner has challenged the validity of the notice issued by the Zila Parishad, Jaunpur asking the petitioner to remove certain constructions which are stated to be standing over a piece of land which forms part of a roadside pattri belonging to and maintained by the Zila Parishad. The sole ground on which the validity of the notice has been challenged is that the Zila Parishad has no power to direct demolition of the disputed constructions under the U. P. Kshettra Samitis and Zila Parishads Act (for short Act) or under any other provision. The impugned notice states that the petitioner has without permission of the Zila Parishad constructed a kothari over the roadside pattri. Consequently at meeting of the Zila Parishad held on 23-7-77 it was decided that the petitioner be directed to remove the said unauthorised construction.

(2.) SHRI Sankatha Rai, learned counsel for the petitioner submits that the Zila Parishad was not authorised to direct demolition of the disputed construction even if the same are taken to be standing over the roadside pattri. Learned counsel argued that the only power which the Zila Parishad has been given under the said Act is that which is mentioned in Section 196 of the Act which provides for demolition of unauthorised construction standing over a drain or water work etc. The power which has been vested in the Zila Parishad under Section 196 is in respect of public drain or culvert or water work, etc. only and the same does not extend to removal of constructions which may be standing over roadside pattri.

(3.) THESE bye-laws are in our opinion not inconsistent with any provisions of the Act or the bye-laws framed under the Act. They are hence clearly saved under Section 270 of the Act. Under the provisions of the bye-laws the Zila Parishad was fully competent to take the impugned action.