Court No. - 27 Case :- MISC. BENCH No. - 2534 of 2010 Petitioner :- Anurag Bansal S/O-Sri Rishi Prakash Bansal & Others Respondent :- State Of U.P., Thru. Prin. Secy.,Urban Development & Others Petitioner Counsel :- Amit Bose Respondent Counsel :- C.S.C.,Shailendra Singh Chauhan,Shashi Prakash Singh Hon'ble Devi Prasad Singh,J.
Hon’ble Anil Kumar,J.
Learned counsel for the respondents submit that controversy involved has
already been raised at Allahabad and decided vide order dated 28.04.2010.
However, Shri Wahazat Husain learned Senior Counsel and Shri Amit Bose
submits that statutory provisions has not been considered by the Division
Bench of this Court at Allahabad. It has also been stated that the judgment
delivered by a Division Bench at Allahabad is per incurrium to statutory
provision. Due to paucity of time it is not possible to proceed with final
hearing.
After hearing the parties, interim order passed earlier is modified/clarified and
it is provided that it shall be open to the respondents to remove the hoarding
from the area which is declared as “no hoarding zone” or from the buildings
which are in dilapidated condition or creating obstruction in public way, in
accordance to rules.
Learned counsel for the parties may file compilation of case laws and written
note by the next date of listing so that petition may be heard finally.
List on 19.08.2010.
Subject to modification of aforesaid, interim order shall continue till next date
of listing.
Order Date :- 4.8.2010
krishna/*