Mathur Vaishya Bhawan Problem in Court
HIGH COURT OF JUDICATURE AT ALLAHABAD
?At the Bunglow of Hon. Mr. Justice Sunil Ambwani
Case :- WRIT - C No. - 71999 of 2009
Petitioner :- Mathur Vaishya Maha Sabha(Charitable Trust)
Respondent :- Agra Development Authority And Others
Petitioner Counsel :- Swapnil Kumar
Respondent counsel :-� Vivek Birla, Sanjay Goswami
Hon'ble Sunil Ambwani,J.
Hon'ble Yogesh Chandra Gupta,J.
This matter has been placed before us in vacation on a nomination made by Hon. Senior Judge.
Sri Vivek Birla, appears for Agra Development Authority, Agra, Sri Sanjay Goswami appears for the respondent no.3 and 4. Sri Swapnil Kumar, learned counsel for the petitioner states that the matter is extremely urgent as the building belonging to Mathur Vaishya Maha Sabha (Charitable Trust), Pachkuiyan Road and District Agra has been directed to be sealed under section 28A of the U.P. Urban Planning & Development Act, 1973. He has referred to the letter written by the Secretary, Agra Development Authority on 21-12-2009 to the Superintendent of Police, City Agra, to provide sufficient police force to seal the building on 30-12-2009 at 11.00 a.m.
The notice speaks of the two buildings namely Mathur Vaishya Sewa Sadan and Mathur Vaishya Maha Sabha Bhawan, Pachkuiya Road, Agra. It is stated that the buildings are being used against the land use provided under the Master Plan, 2021. The petitioner states that he has no concern with the Mathur Vaishya Sewa Sadan. There is no notice to him and that the building for which the plan was sanctioned in 1978 is being used as commercial building since long.
The order of sealing the building under section 28-A is appellable under section 28-A(4) of the Act, before the Chairman, Development Authority. The letter allegedly given to the petitioner is a notice to the police. There is no notice given to the petitioner to seal the premises, and in any case if such notice is given, the order will be appellable.
At this stage, it cannot be said that the petitioner has acquired any cause of action or that there is any eminent threat to intervene in the matter.
Let Sri Vivek Birla seek instructions in the matter.
Put up this case on 04-01-2010.
Let a kacchi copy of this order be given to the learned counsel for the petitioner, today.
Order Date : 28-12-2009
skv
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=360349
HIGH COURT OF JUDICATURE AT ALLAHABAD
?At the Bunglow of Hon. Mr. Justice Sunil Ambwani
Case :- WRIT - C No. - 71999 of 2009
Petitioner :- Mathur Vaishya Maha Sabha(Charitable Trust)
Respondent :- Agra Development Authority And Others
Petitioner Counsel :- Swapnil Kumar
Respondent counsel :-� Vivek Birla, Sanjay Goswami
Hon'ble Sunil Ambwani,J.
Hon'ble Yogesh Chandra Gupta,J.
This matter has been placed before us in vacation on a nomination made by Hon. Senior Judge.
Sri Vivek Birla, appears for Agra Development Authority, Agra, Sri Sanjay Goswami appears for the respondent no.3 and 4. Sri Swapnil Kumar, learned counsel for the petitioner states that the matter is extremely urgent as the building belonging to Mathur Vaishya Maha Sabha (Charitable Trust), Pachkuiyan Road and District Agra has been directed to be sealed under section 28A of the U.P. Urban Planning & Development Act, 1973. He has referred to the letter written by the Secretary, Agra Development Authority on 21-12-2009 to the Superintendent of Police, City Agra, to provide sufficient police force to seal the building on 30-12-2009 at 11.00 a.m.
The notice speaks of the two buildings namely Mathur Vaishya Sewa Sadan and Mathur Vaishya Maha Sabha Bhawan, Pachkuiya Road, Agra. It is stated that the buildings are being used against the land use provided under the Master Plan, 2021. The petitioner states that he has no concern with the Mathur Vaishya Sewa Sadan. There is no notice to him and that the building for which the plan was sanctioned in 1978 is being used as commercial building since long.
The order of sealing the building under section 28-A is appellable under section 28-A(4) of the Act, before the Chairman, Development Authority. The letter allegedly given to the petitioner is a notice to the police. There is no notice given to the petitioner to seal the premises, and in any case if such notice is given, the order will be appellable.
At this stage, it cannot be said that the petitioner has acquired any cause of action or that there is any eminent threat to intervene in the matter.
Let Sri Vivek Birla seek instructions in the matter.
Put up this case on 04-01-2010.
Let a kacchi copy of this order be given to the learned counsel for the petitioner, today.
Order Date : 28-12-2009
skv
http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=360349
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