/11761/2023 of NIDA FATIMA THRU. HER FATHER AQEEL AHMAD Vs STATE OF U.P. THRU. PRIN. SECY. HOUSING, LUCKNOW AND 3 OTHERS on 28 December 2023

Court No. - 9

Case :- WRIT - C No. - 11761 of 2023

Petitioner :- Nida Fatima Thru. Her Father Aqeel AhmadRespondent :- State Of U.P. Thru. Prin. Secy. Housing, Lucknow And 3 Others Counsel for Petitioner :- Faisal Ahmad Khan,Adnan AhmadCounsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Rajan Roy,J.Hon'ble Jaspreet Singh,J.

Heard Shri Adnan Ahmad and Shri Faisal Ahmad Khan, learnedcounsel for the petitioner and Shri V.K. Shahi and Shri RatneshChandra, learned counsel for the opposite parties.

This Bench has been constituted today under the orders ofHon'ble the Acting Chief Justice considering the urgency shownby the petitioner' counsel, as she apprehended demolition of herflat situated at F.I. Tower 37 Cantt. Road, Police Station -Kaiserbagh, Lucknow.

Although it has been stated in the petition that the flat of thepetitioner is situated on sixth floor of the F.I. Tower but afterarguing the matter at some length counsel for the petitionerreconciled to the fact that though in his deed it has beenmentioned as sixth floor, it is possible that there is someconfusion in this regard and the flat is actually situated onseventh floor. He had some explanation to offer in this regardjust as was the case in Writ-C No.11753 of 2023 (MohdTauqeer Siddique Vs. Chairman Lucknow DevelopmentAuthority Lucknow and 3 Others). He says that he may begiven benefit of the said order.

He also says that after passing of the aforesaid order, three otherorders were passed and in one of the orders dated 25.12.2023passed in Writ-C No.11754 of 2023, the Court has provided thatin the event any order is passed by the Chairman, L.D.A.exercising his appellate power, he shall upload a copy of hisorder within 24 hours and provide a certified copy of the sameto the petitioners therein and thereafter a week's time shall beavailable from the date of uploading of the order and provisionof certified copy to the petitioners, to avail other remedies andduring the said period the said orders as also the orderimpugned therein shall not be given effect. He has also invitedour attention to another order passed on the same date in Writ-C

No.11755 of 2023 wherein we have taken note of thesubmission that petitioners do not have requisite papers and theL.D.A. is not providing it to them therefore they propose tomove an application for summoning relevant documentsincluding compounding file relating to the premises in questionand we have ordered that if the law permits, he may do sobefore the Appellate Authority which shall be consideredaccordingly by the latter, as per law. He seeks the benefit of thesaid orders also.

The counsel for the petitioner says that the petitioner resides inAmerica and has filed this petition through her father, whoresides in Faizabad. The petitioner did not know about theimpugned order and therefore she could not get a certified copyof the same yet she filed an appeal through her father before theappellate authority but the same was not received on the groundthat certified copy of the prescribed authority's order was notannexed. In these circumstances the petitioner filed the appealby registered post to the appellate authority alongwith theapplication for interim relief but the same has not beenregistered as yet. He says that a fresh appeal be allowed to befiled alongwith application for condonation of delay in thesecompelling circumstances and the benefit of the orders passedearlier be granted.

Learned counsel for the petitioner also submits that the frontportion of the flat has been partially demolished but thereafterin view of the orders passed in other similar matters, oppositeparties not proceeded though there is every likelihood thatfurther demolition will take place hence this writ petition.

Arguments

He submits that considering the fact that it is a case ofdemolition of flat of the petitioner who claims to be a bonafidepurchaser and in possession and also as valuable constitutionalright to shelter under Article 21 and property under Article 300-A of the Constitution of India as also statutory rights under theUttar Pradesh Urban Planning and Development Act, 1973, ifany, are involved and if indulgence is not shown then it wouldresult in irreparable loss and prejudice, therefore, keeping inmind the valuable rights involved, the same benefit as grantedin other cases be granted.

Learned counsel for the opposite parties have vehementlyopposed the writ petition just as they opposed the earlier writpetitions.

We have perused our earlier orders passed in Writ-C No.11753of 2023, Writ-C No.11754 of 2023, Writ-C No.11755 of 2023and Writ-C No.11756 of 2023.

Considering the facts and circumstances of the case, thepetitioner is permitted to file an appeal before the appellateauthority as per rules but without a certified copy of the orderpassed by the prescribed authority which can be obtained andfiled subsequently, within next three working days. In the eventsuch appeal is filed, the application for interim relief shall beconsidered in the light of our earlier order passed on 24.12.2023in Writ-C No.11753 of 2023 and other orders dated 25.12.2023passed in Writ-C No.11754 of 2023, Writ-C No.11755 of 2023and Writ-C No.11756 of 2023. The benefit of the observationsand directions therein shall be available to the petitioner of thispetition also on the same terms.

Sri V. K. Shahi and Sri Ratnesh Chandra, learned counsel forthe opposite parties shall immediately communicate this order,without waiting for its certified copy, to the Chairman and Vice-Chairman, Lucknow Development Authority, for strictcompliance.

With the aforesaid direction, the instant writ petition standsdisposed of.

The In-charge Senior Registrar of the Court shall alsocommunicate this order to the aforesaid authorities forthwith.

(Jaspreet Singh,J.) (Rajan Roy,J.)

Order Date :- 28.12.2023Saurabh