/11756/2023 of AMNA ANSARI AND 2 OTHERS Vs CHAIRMAN LUCKNOW DEVELOPMENT AUTHORITY LKO AND 3 OTHERS on 25 December 2023

Court No. - 9

Case :- WRIT - C No. - 11756 of 2023

Petitioner :- Amna Ansari And 2 OthersRespondent :- Chairman Lucknow Development Authority Lko And 3 Others Counsel for Petitioner :- Inam Uddin Ahmed,Abhinav Singh,Harsh Vardhan Kediya Counsel for Respondent :- Ratnesh Chandra Hon'ble Rajan Roy,J.Hon'ble Jaspreet Singh,J.

Heard Shri Abhinav Singh, learned counsel for the petitionersand Shri V.K. Shahi and Shri Ratnesh Chandra, learned counselfor 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 they apprehended demolition oftheir flats situated at F.I. Tower 37 Cantt. Road, Police Station -Kaiserbagh, Lucknow.

Petitioners of this writ petition had earlier filed WRIT-CNo.11321 of 2023 seeking similar reliefs albeit interalia in thenature of mandamus for not implementing the impugned orderdated 23.11.2023 for demolition of their flats. The said writpetition was filed on 18.12.2023. It was registered on19.11.2023 and listed before the Court on 21.12.2023. It wastransferred to another Court but could not be taken up. It wasordered to be listed on 02.01.2024 in the backlog fresh cases.However, in the interregnum during vacation the oppositeparties are proceeding to demolish the flats of the petitionersand pending matter cannot be taken up during vacation hencethis petition in compelling and exceptional circumstances asvaluable rights of the petitioners to shelter under Article 21 ofthe Constitution of India and to property under Article 300-A ofthe Constitution of India.

After arguing the matter at some length, learned counsel for thepetitioners submitted that he will not press the earlier petitionfiled by the petitioner, however, with liberty to file an appealand they be given the benefit of the order passed by this Courttoday in WRIT-C No.11755 of 2023 accordingly in this writpetition.

We accept the request of learned counsel for the petitioners.

WRIT-C No.11321 of 2023 shall accordingly be treated asdismissed as withdrawn and this writ petition is disposed of interms of our earlier order of date passed in WRIT-C No.11755of 2023 with liberty to the petitioners herein to file an appeal asreferred in our order of date passed in WRIT-C No.11755 of2023, meaning thereby the petitioners herein shall be entitled tothe benefit of the directions/observations contained in theaforesaid order with corresponding obligation upon the oppositeparties accordingly.

A copy of this order shall be kept on the records of WRIT-CNo.11321 of 2023 which shall be consigned to records.

Sri V. K. Shahi, learned Additional Advocate General and SriRatnesh Chandra, learned counsel for the LucknowDevelopment Authority who are present shall immediatelycommunicate this order, without waiting for its certified copy,to the Chairman and Vice-Chairman, Lucknow DevelopmentAuthority, for strict compliance.

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 :- 25.12.2023Rakesh/-