DULARE Vs. PRESCRIBED AUTHORITY RAGULATED AREA, ROBERTSGANJ A

JUDGEMENT

(1.) Petitioner claims to be a landlord and owner of arazi no.511/3 area 11 biswa situated in village-Kamhari, Pargana Badhar, Tehsil Robertsganj, District-Sonebhadra. One Hori Lal (since deceased), who is represented by respondents No.2, 3 and 4 made illegal construction encroaching upon the said plot and proceedings were initiated against him under Section 10 of the Uttar Pradesh (Regulation of Building Operations) Act, 1958. Petitioner also filed an objection, which was registered as Case No.55 of 1999 and the prescribed authority after considering the entire facts and circumstances vide order dated 16.5.2002 directed to demolish the illegal constructions made by the deceased-Hori Lal, thereafter he went in appeal.

(2.) Learned counsel for the petitioner contends that a false statement was made by the deceased-Hori Lal that civil suit in respect of the plot is pending, on the basis whereof the appeal has been disposed by providing that after the disposal of the civil suit pertaining to the title of the property, Hori Lal-deceased may make an application for construction.

(3.) It is contended on behalf of the petitioner that he made an application dated 21.12.2017 before the prescribed authority that on enquiry, it has transpired that no civil suit is pending and the order has been obtained on the basis of false statement. Thus earlier order of demolition passed on 16.5.2002 is liable to be carried out and executed.