WRIC/24959/2020 of SMT. BHAWANA CHAUDHARY AND ANR. Vs COMMISSIONER, MEERUT DIVIONAL AND 3 ORS. on 21 December 2020

Case :- WRIT - C No. - 24959 of 2020

Petitioner :- Smt. Bhawana Chaudhary And Anr.Respondent :- Commissioner, Meerut Divional And 3 Ors.Counsel for Petitioner :- Rishu Mishra,Pankaj DubeyCounsel for Respondent :- C.S.C.,Kuldeep Singh Chauhan Hon'ble Anjani Kumar Mishra,J.Hon'ble Prakash Padia,J.

Heard learned counsel for the petitioner and Sri K.S. Chauhan,learned counsel for Meerut Development Authority.

It appears that in proceedings under the Urban Planning andDevelopment Act, an order was passed for demolition ofunauthorized construction raised by the petitioner. Against theorder, the petitioner has filed an appeal before theCommissioner which has been admitted but no orders are statedto have been passed on the application for interim relief. Thepetitioner has filed this petition because it is alleged thatrespondents have put a mark to delineate the constructionswhich are liable to be demolished. This petition has been filedthat no demolition be carried out during the pendency of theappeal filed by the petitioner which has already been admitted.Along with petition, the petitioner has annexed as AnnexureNo.9 to this writ petition, an order passed by a concurrent benchin Writ C No.16357 of 2020 connected with Writ C No. 16298of 2020. In the judgement, a general mandamus has been issuedwhere it has been provided that interim applications should bedealt with and that during the pendency of such interimapplication, the authorities should not take steps for executingdemolition orders.

In our considered opinion, general mandamus issued by the order dated 15.10.20 is more adequate protection for thepetitioner and that no further direction needs to be issued by this Court afresh, it is so because there is no provision forissuing repeated mandamus.

Subject to the above, this petition stands disposed of. Order Date :- 21.12.2020

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