Subsequently, through a notice dated October 19, 2022 an order for demolition was served to the hospital by the Prayagraj Development Authority (PDA which was challenged in the present writ petition.
The petitioner, Malati Devi, has stated that she has constructed a building at Pipalgaon at Prayagraj and let out a portion to one Shyam Narayan on rent, who is operating a hospital in the name of Global hospital. Besides, she is residing one floor above the hospital. On account of a lapse of the tenant, the hospital was sealed by the CMO, Prayagraj. Later, the petitioner received a notice dated October 19, 2022 from zonal officer of Prayagraj Development Authority (PDA), in which it has been mentioned that an order for the demolition of the house was passed by PDA earlier on January 11, 2022. The said notice dated October 19 was handed over to her on October 21, 2022.
The petitioner challenged the notice dated October 19, 2022 on the ground that the order for demolition was passed by PDA on January 11, 2022 but she has neither received any notice earlier regarding this demotion order nor any order of demolition was received by her at any point of time.
The counsel for the petitioner submitted that the petitioner is willing to submit an objection to the ex parte notice/ demolition order dated January 11, 2022 and shall also submit a map of the house in question before the PDA, which may be examined by the authority or the competent authority. If any construction of the house in question is found illegal or contrary to the bye-laws of the PDA, then the petitioner may be afforded an opportunity for compounding and if any portion is found not compoundable, then action may be taken by the PDA in accordance with law, the counsel for the petitioner added.
The court heard this matter in chamber, as the court is closed due to Deepawali vacation and will reopen on Monday (October 31). Disposing of the writ petition, Justice Surya Prakash Kesarwani and Justice Vikas Budhwar gave liberty to the petitioner to file an objection within two weeks before the PDA raising all her grievances, along with a map of the house in question.
“In the event, such an objection along with map of the house in question is filed by the petitioner within the stipulated period then the PDA shall get it verified in terms of the bye-laws of the PDA and shall examine the objection of the petitioner and pass an appropriate order in accordance with law within next four weeks, after affording reasonable opportunity of hearing to the petitioner including opportunity to file a compounding application in the event the construction is found compoundable in accordance with law,” the court directed.
However, the court clarified that if any portion of the construction is found not compoundable, then the PDA shall be at liberty to proceed in accordance with law.
In view of it, the court directed that no coercive action shall be taken by the state government and PDA against the petitioner either pursuant to the demolition notice/ order dated January 11, 2022 or pursuant to the notice dated October 19, 2022 for a period of six weeks or till the order as aforesaid is passed by the PDA, whichever is earlier.