- (1.) This writ petition takes exception of an order dated 16.3.2018 passed by respondent no. 4 whereby the petitioner has been demanded to remove his alleged unauthorized construction within three days.
(2.) The salient and necessary facts of the case are: The petitioner claims that he belongs to weaker section of the society. His father had been running a tea shop as well as sweet shop prior to 1969. He fell ill in the year 1980 and now the shop is being run by the petitioner. The petitioner was served a notice dated 23.5.2017 to vacate the said shop. He filed a reply on 17.1.2018 before the Secretary, Ghaziabad Development Authority. It is stated in his reply that his father was running the shop prior to 1969 and after him the petitioner is running his tea shop. He has denied the fact that Khasra Nos. 659 and 660 were acquired in 1969 because at that time neither Ghaziabad Development Authority was constituted nor Ghaziabad District was carved out. In support of his plea he had also filed a large number of documents to show his possession such as tax receipt issued by Nagar Nigam, Bank's Passbook etc.. The respondent without considering his reply passed an order dated 18.1.2018 to remove his unauthorized construction within three days. Aggrieved by the order dated 18.1.2018 he preferred a writ petition in this Court being Writ-C No. 5907 of 2018, wherein it was submitted that Section 26-A(4) of the U.P. Urban Planning and Development Act, 1973 provides that if a member of weaker section has made an encroachment, he shall not be removed unless an alternative place is allotted to him. The said writ petition was disposed of on 13.2.2018. Relevant part of the said judgment reads as under: "Counsel for the petitioner does not press this writ petition and seeks liberty to the petitioner to make an application for allotment of an alternative land/accommodation as provided for in the proviso to sub-section (4) of Section 26-A of the U.P. Urban Planning and Development Act, 1973 and seeks direction to consider his application within time frame. Petition is disposed of as not pressed. It is open to the petitioner to make an application, as aforementioned, to the concerned authority and if such an application is made, we hope and trust that the petitioner's application shall be considered on merits in accordance with law, in the light of the provisions contained in Section 26-A(4) of the Act, as expeditiously as possible and preferably within a period of eight weeks from the date of the application."
(3.) In compliance of the aforesaid order, the petitioner made a detailed representation on 26.2.2018 which is on the record as annexure-5 to the writ petition. The learned counsel for the petitioner submits that the impugned order has been passed without application of mind and without assigning any reason. It is further submitted that the direction issued by this Court has been completely ignored. In the impugned order there is no consideration qua Section 26-A(4) of the Act, 1973, on this ground alone the order is vitiated.;