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2019 Supreme(All) 1675

SUDHIR AGARWAL, RAJENDRA KUMAR IV
Shailendra Kumar Upadhyay – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Shailendra Kumar Upadhyay
For the Respondent: C.S.C., Devi Prasad Mishra

JUDGMENT :

1. Heard Sri Shailendra Kumar Upadhyay, learned counsel for the petitioner and learned Standing Counsel as well as Sri Nisheeth Yadav, learned counsel for the respondents.

2. This writ petition under Article 226 of the Constitution has been filed seeking a writ of mandamus commanding respondents to ensure compliance of their own order dated 29.6.2018, annexure 5 to the writ petition, wherein Zonal Officer, Allahabad Development Authority, Allahabad (now Prayagraj Development Authority, Prayagraj) (hereinafter referred to as “P.D.A.”) has found certain constructions raised by respondent 4 as unauthorized, non-compoundable and in violation of Section 14 and 15 of U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as "Act, 1973") and has directed respondent 4 to demolish itself unauthorized construction otherwise it shall be demolished by respondents 2 and 3 and necessary expenses shall be recovered from respondent 4.

3. Petitioner's grievance is that the aforesaid order was passed on 29.6.2018 and there is no obstruction in its execution but for the reasons other than bonafide (better known to respondents 2 and 3), said order has not been enforced till dat

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