ASHOK BHAN, S.H.KAPADIA
LORD SHIVA BIRAJMAN IN H. B. YOGALAYA – Appellant
Versus
State Of U. P. – Respondent
ORDER
1. THIS ORDER SHALL DISPOSE OF THIS BATCH OF APPEALS. FOR THE SAKE OF CONVENIENCE, THE FACTS ARE TAKEN FROM CA NO. 4981 OF 1998.
2. THIS APPEAL IS DIRECTED AGAINST THE DIVISION BENCH JUDGMENT OF THE HIGH COURT OF JUDICATURE AT ALLAHABAD IN WP NO. 25960 OF 1994 WHEREBY THE HIGH COURT HAS DISMISSED THE WRIT PETITION FILED BY THE APPELLANTS.
3. IN THE TOWN OF ALLAHABAD THERE IS AN EMBANKMENT CALLED "THE BANDH" ON THE WESTERN SIDE OF RIVER GANGES COVERING A LONG DISTANCE. THE BANDH WAS MADE IN THE TIME OF KING AKBAR. THE ROAD ON THE TOP OF THE BANDH IS CALLED TRIVENI BANDH ROAD. THERE IS A SLOPE ON THE EAST OF TRIVENI BANDH ROAD. VARIOUS STRUCTURES HAVE COME UP ALONG THE SLOPES. THE STRUCTURE IN THE PRESENT CASE STANDS ON THE EASTERN SIDE OF THE BANDH.
4. BEFORE THE KUMBH OF 1977 WAS TO TAKE PLACE, IN A DEMOLITION DRIVE, THE FRONT PORTION OF THE UPPER STOREY OF THE BUILDING OF THE APPELLANTS FACING THE ROAD WAS DEMOLISHED PARTIALLY. WRIT PETITION NO. 2809 OF 1976 WAS FILED AND THE STATE OF UTTAR PRADESH GAVE AN UNDERTAKING TO THE COURT THAT NO DEMOLITION AND DISPOSSESSION WILL BE CARRIED OUT UNLESS A NOTICE UNDER THE U.P. PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT (
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