- (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 date and unauthorized construction has not been demolished, though more than six months have already passed. It is also pointed out that earlier also, petitioner approached this Court in Writ Petition No.18694 of 2018 pointing out that demolition notices were issued from time to time in respect of unauthorized construction of respondent 4 but no action was taken. On the statement made by counsel for PDA, writ petition was finally disposed of vide judgment dated 23.5.2018 which reads as under :- "Heard Mr. Abhishek Tiwari, learned counsel for the petitioners and Mr. Yash Tandon, learned counsel for respondents 2 and 3. Counsel for respondents-development authority having regard to the prayers made in the writ petition, submits that respondents-authority shall take appropriate action in pursuance of the order of demolition passed earlier, including the orders dated 12.12.1996 and 22.12.2006 within a period of eight weeks from today. His statement is recorded and accepted. In view thereof, nothing further survives in the writ petition. The petition is, accordingly, disposed of. We hope and trust that respondents-authority shall comply the orders within the time mentioned above, if there be no legal impediment. It is needless to mention that respondents-authority shall follow the due process of law, while carrying out demolition proceedings." (emphasis added);