Wednesday, December 6, 2023

Allahabad High Court stays demolition of EWS Plot in Prayagraj

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The Allahabad High Court has stayed the demolition of EWS Plot No 356, Transport Nagar, Prayagraj and has sought a reply from the state government and Prayagraj Development Authority (PDA) Vice-Chairman.

A Single Bench of Justice J.J Munir passed this order while hearing a petition filed by Birendra Kumar @ Virendra Jaiswal.

The petitioner has come up against a demolition order dated 11.11.2021 passed by the Zonal Officer, Prayagraj Development Authority, Prayagraj which has been upheld in appeal by the Vice-Chairman, Prayagraj Development Authority/ Commissioner, Prayagraj Division, Prayagraj order dated 07.06.2022.

The order of demolition has been passed because the case against the petitioner is that he has raised a new construction without a sanctioned plan.

Counsel for the petitioner has argued that admittedly, construction has been raised on an area of 10×20 ft, which is close to 18.58 sq. meters.

He submits that in accordance with the Government Order dated 01.05.1997 for a residential house constructed on a plot of 100 meters or lesser dimension in an old and developed area of the city, sanction of a building plan is not required.

The construction subject matter of the demolition order has been raised on Plot No E.W.S-356, Transport Nagar, Prayagraj, which is an old, developed and planned area.

The submission, therefore, is that the requirement to secure a sanctioned plan before raising any construction is exempted under the Government Order dated 01.05.1997.

“Let a counter affidavit be filed by Vineet Pandey, Advocate who appears on behalf of respondent nos 1 and 2. A.P Paul, Advocate appearing on behalf of respondent nos 3 and 4, is granted a like period of time to file a counter affidavit.

Until further orders, the petitioner’s house standing over Plot No E.W.S-356, Transport Nagar, Prayagraj shall not be demolished and the operation of the orders dated 07.06.2022 and 11.11.2021 passed by the Vice-Chairman, Prayagraj Development Authority / Commissioner, Prayagraj Division, Prayagraj and the Zonal Officer, Prayagraj Development Authority, Prayagraj, respectively shall remain suspended”, the Court ordered.

The Court has fixed the next hearing of the petition on August 18, 2022.

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