Court No. - 19 Case :- SECOND APPEAL No. - 821 of 2010 Petitioner :- Agra Development Authority, Jaipur House Thru' Secretary Respondent :- Shiv Charan Lal & Otehrs Petitioner Counsel :- Sanjay Kumar Om Hon'ble Pankaj Mithal,J.
Two substantial questions of law arise in this appeal for determination.
1) whether despite finding that the disputed constructions were partly contrary
to the sanctioned may, the courts below were justified in decreeing the suit for
permanent injunction with regard to demolition of the alleged unauthorized
constructions and;
2) whether the suit in respect of notice to show cause or order for demolition
of unauthorized constructions is maintainable before the civil court in view of
Section 37 of the U.P. Urban Planning and Development Act, 1973.
Admit.
Issue notice.
Heard on the stay application.
The plaintiff-respondents have already raised the constructions, part of which,
are said to be unauthorized. The suit in respect of the entire constructions has
been decreed and a permanent injunction not to demolish any part of it has
been passed.
In view of the above, no interim injunction to permit demolition of the
construction can be issued at this stage. However, it is made clear that the
plaintiff-respondents shall not raise any further constructions and status quo
as on date shall be maintained.
Order Date :- 10.8.2010
SKS