AMLA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) B. M. Lal, J. This decision rendered in Civil Misc. Writ Petition No. 4477 of 1997, shall govern disposal of Writ Petitions No. 4453 and 4476 of 1997, referred above.

(2.) BY these three writ petitions, the petitioners who claim to be occupants of the controversial Site No. 34 Bungalow No. 30/38, Mahatma Gandhi Marg, Civil Lines, Allahabad, have brought an action before this Court seeking exercise of writ jurisdic tion against the Allahabad Development Authority, Allahabad and its officers, con tending that they are being unauthorisedly and illegally dispossessed from their premises through coercive process of bulldozing.

(3.) LEARNED counsel for the petitioners submitted that without giving notice to the petitioners as required by Section 27 of U. P. Urban Planning and Development Act and without following the principles of Audial-teram Partem and without giving any warn ing, the Allahabad Development Authority started bulldozing their premises in ques tion and therefore, petitioner's fundamen tal right to have roofs over their heads have been violated.