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J. B. PARDIWALA, R. MAHADEVAN
Rajendra Kumar Barjatya – Appellant
Versus
U. P. Avas Evam Vikas Parishad – Respondent
JUDGMENT :
(R. MAHADEVAN, J.)
1. Leave granted.
2. Challenging the final judgment and order dated 05.12.2014 passed by the High Court of Judicature at Allahabad1[Hereinafter shortly referred to as “the High Court”] in Writ-C.No.46342 of 2013, the appellants herein, who are third parties to the proceedings, have preferred the present appeals.
3. The aforesaid writ petition was filed by the Respondent No.1 seeking for issuance of a Writ of Mandamus to direct the Respondent Nos.2 to 4 to stop the illegal/unauthorized commercial construction on residential plot no.661/6, Shastri Nagar Yojna No.7, Meerut, and to provide police force to execute the order of demolition dated 31.05.2011 passed by the competent authority viz., Executive Engineer, Construction Division-8, U.P. Avas Evam Vikas Parishad, Sector 9, Shastri Nagar, Meerut.
4. By the judgment and order impugned herein, the High Court allowed the above writ petition with the following directions and observations:
Unauthorized constructions cannot be legitimized by time or inaction; strict enforcement of demolition orders is essential to uphold the rule of law.
Unauthorized constructions violating approved plans must be demolished; regularization is not an absolute right and must consider public interest and safety.
Unauthorized constructions cannot be legitimized without proper proof, and courts are mandated to enforce compliance strictly with planning laws.
Point of Law : Prevalent situation either in the limits of the Corporation, Municipality or the Panchayat if noticed, it would demonstrate clear apathy on the part of the Authorities towards the citi....
Municipal authorities must act promptly against unauthorized constructions, as they violate planning laws and undermine public interest.
Point of law: Giving false evidence by filing false affidavit is an evil which must be effectively curbed with a strong hand. Prosecution should be ordered when it is considered expedient in the inte....
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