- (1.) Challenging the order dated 22.1.2010 passed by the Deputy Secretary (Enforcement-4), Kanpur Development Authority in respect of premises 94 Ganga Nagar, Kanpur the present writ petition has been filed whereby the authority has ordered the sealing of the aforesaid premises in exercise of powers conferred on it under sections 14/15 of U.P. Urban Planning and Development Act 1973. Heard the learned Counsel for the parties and Shri Ramesh Upadhyaya, learned Counsel for the respondents.
(2.) In paragraph 24 of the writ petition, it has been stated that no notice or opportunity was given to the petitioner as required under sections 27 and 28 of U.P. Urban Planning and Development Act, 1973 before passing of the impugned order. The reply of the said paragraph has been given in paragraph 16 of the counter-affidavit of Shri Arun Tripathi filed today.
(3.) We find that the allegations made in paragraph 24 of the writ petition that no opportunity was given to the petitioner before passing of the interim order have not been denied or controverted in the counter-affidavit. The tenor of the order also shows that the said order was passed on the basis of some report of the Junior Engineer, ex parte.;