The Allahabad High Court has constituted a four-member committee under the chairmanship of Commissioner Prayagraj on Tuesday for the removal of encroachment from a colony on Kanpur Road.
A single-judge bench of Justice Prakash Padia passed this order while hearing a contempt application filed by Adesh Kumar. The contempt application has been filed for non-compliance of orders passed from time to time in Civil Misc Intervention Application No. Nil of 2021 filed in PIL No.574 of 2020.
It is argued by Ramendra Pratap Singh, counsel for the applicant, that time and again assurance was given on behalf of the Prayagraj Development Authority that they will remove the illegal encroachment over the land in dispute and also come up with a roadmap for construction of a dedicated corridor for the Airport at Prayagraj but till date the illegal encroachment has not been removed.
It is stated that specific undertaking was given on behalf of the Prayagraj Development Authority before the Court on January 22, 2021 that they will place before the Court a roadmap for construction of a dedicated corridor for the Airport at Prayagraj on or before February 05, 2021 but in spite of the fact that considerable time has already been lapsed but till date no roadmap has been placed before the Court.
In this view of the matter, when the contempt application was filed instructions were sought for by the opposite party order dated October 22, 2021 and matter was directed to be listed again on October 29, 2021.
On October 29, 2021 when the matter was taken up, A. P. Paul, counsel for the respondents, sought time to file an affidavit.
The Court observed that the affidavit is drafted in a very casual manner more specially when the Secretary of the Development Authority was also called personally before this Court in order to assist the Court.
The Court granted the opposite party 1 and 2, a week’s further time to file a better affidavit.
It is further argued by A. P. Paul, counsel for the respondents, that due to the difference of opinions between the authorities namely Prayagraj Development Authority, Nagar Nigam Authority and Defence Authority, no action whatsoever has been taken for widening of the road.
It is further argued by him that the authorities of the aforesaid department will try to resolve the dispute amicably very soon.
“In view of the same, Court is inclined to constitute a Committee under the Chairmanship of the Commissioner, Prayagraj Division, Prayagraj, who is also an Ex-Officio Chairman, Prayagraj Development Authority including Vice Chairman, Prayagraj Development Authority, Prayagraj, Municipal Commissioner, Nagar Nigam, Prayagraj and some responsible Officer of the Defense Estate Department, Prayagraj, who will hold the meeting on or before November 14, 2021 to solve the matter amicably,”
-the court said.
The Court stated that the M.C. Chaturvedi, Senior Counsel/AAG has given consent to be appointed as amicus curiae by the Court. He is thus requested to join the aforesaid meeting of the Committee, which will be held on or before November 14, 2021 to solve the matter amicably and file a report regarding the same on the next date fixed in the matter.
“Secretary, PDA is directed to coordinate between various Officers including M.C. Chaturvedi, Senior Counsel regarding the holding of the meeting. The Court is of the opinion that the Committee will consider the problems of the general public of the city in respect of the ‘traffic jams’ occurring regularly at the corner of the road in question on account of bottle neck road and various unauthorized colonies and other constructions on Kanpur Road.
“S.P. Singh, Additional Solicitor General will also file an affidavit on or before the next date fixed in the matter. The personal appearance of the Secretary, Prayagraj Development Authority is exempted for the day. The Secretary as well as Vice Chairman, Prayagraj Development Authority, will remain present before his Court on the next date fixed in the matter,”
-the Court ordered. The Court has fixed the next hearing on November 16, 2021.