- (1.) Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Vibhu Rai, learned counsels for the applicant, Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri K.R. Singh, learned Additional Chief Standing Counsel for the State - opposite party and Sri Anurag Khanna, learned Senior Advocate assisted by Sri Pranjal Mehrotra, learned counsels for the opposite party no.5 - Project Director, National Highways Authority N.S.-2, Allahabad.
(2.) The Division Bench of this Court vide order dated 26.09.2019, passed in Writ - C No.11499 of 2018 (Bansh Bahadur Upadhyay and 10 others Vs. State of U.P. and 4 others), referred the matter to the contempt court on an application filed by the applicants under Article 215 of the Constitution of India. The order reads thus: "Re: Civil Misc. Application No. 29 of 2019 Heard Sri Vibhu Rai, learned counsel for the applicants-petitioners, learned standing counsel for the State respondents and Sri Pranjal Mehrotra, learned counsel for the National Highway Authority of India. This application, under Article 215 of the Constitution of India has been moved on behalf of the applicants-petitoners for taking action to punish the respondent nos. 3 and 5 for disobedience of the order of this Court dated 18.9.2019.
(3.) Learned counsel for the applicants submitted that on 18.9.2019 the learned standing counsel and the learned counsel for the National Highway Authority of India (hereinafter referred to as the NHAI) have clearly argued that no demolition shall be carried out over Plot No. 691. On their statements the Court has passed the order dated 18.9.2019. It is alleged that in spite of the positive order dated 18.9.2019 passed by this Court not to demolish House No. 691 but the respondents have demolished the old house of the applicant.;