Not to demolish Properties till expiry of period to file an appeal/disposal of appeal: Allahabad Highcourt orders Government
On Thursday in a significant order was passed by the Allahabad Highcourt which directs the state authorities, not to demolish the property until the expiry of the period for filing an appeal against the demolition the demolition order, or in case where an appeal has been filed, until disposal of its interim application.
“The State authorities, where ever demolition orders are passed in respect of constructions raised on the private properties under the two acts, should wait from taking any action for actual demolition till the statutory period of appeal comes to an end.
Till the disposal of the interim application filed in the statutory appeals the authorities should not take any steps for executing the demolition orders,” the Bench comprising Justices Shashi Kant Gupta and Pankaj Bhatia ordered.
It was directed by the court when it came into notice that the court was “burdened” due to a large number of cases, complaining that demolition is being carried out even before the expiry of prescribed period for filling of an appeal under the U.P. (Regulation of Building Operations) Act, 1958 and the U.P. Urban Planning and Development Act, 1973.
The court noted that the statute provides a 30 days window for a concern party, against whom an order of demolition is passed, to file an appeal before the appealing authority. To the contrary, however the action of demolition is taken before the expiry of this period.
The court further stated that the statute in itself is silent as to when the demolition activities may commenced, hence keeping in the view that the “statutes are held to be ex-proprietary in nature and should be construed strictly as they purport to take away the valuable constitutional rights of the citizens,”
Followings are the directions which was passed
- The State authorities, where ever demolition orders are passed in respect of constructions raised on the private properties under the two acts, should wait from taking any action for actual demolition till the statutory period of appeal comes to an end.
- The Appellate authority empowered the two Acts should endeavour to decide the interim applications filed along with the appeals, if any, expeditiously preferably within a period of two weeks from the date of filing of the interim application.
- Till the disposal of the interim application filed in 8 the statutory appeals the authorities should not take any steps for executing the demolition orders.
- Copies of the demolition orders, passed under the acts should be properly served upon the persons against whom the orders are passed.
- The orders of demolition proposed should be passed after giving an opportunity of hearing to the persons against whom the orders are proposed to be passed.