- (1.) HEARD Sri V.K. Goel for the petitioners and Sri V.B. Singh, learned Senior Counsel assisted by Sri Atul Mehra for the Respondent Nos. 1, 2 and 4.
(2.) THE petitioners feel aggrieved by an order passed by the Vice - Chairman of the Varanasi Development Authority, Varanasi dated 18 -11 -2002 communicated on 20 -11 -2002 whereby the Zonal Officer has been directed to initiate immediate action for demolition of the constructions in dispute, recalling the permission sanctioning the building plan which had been granted on 27 -7 - 1995. Learned counsel for the respondents has urged that since the petitioners have an efficacious statutory alternative remedy of appeal available to them for the redressal of their grievances as envisaged under Section 27 of the U.P. Urban Planning and Development Act, 1973 which remedy has not yet been availed of by them, they deserve to be relegated to the alternative remedy for the redressal of their grievances.
(3.) LEARNED counsel for the petitioners has urged that the impugned order is not appealable and the provisions contained in Section 27 of U.P. Urban Planning and Development Act, 1973 cannot be taken to have been attracted in the facts and circumstances of the case.;