Court No. - 29
Case :- WRIT - C No. - 32241 of 2015
Petitioner :- Jagdish Narain Tiwari Respondent :- Vice Chairman Kanpur Vikas Pradhikaran & 3 Others Counsel for Petitioner :- Diwakar Tiwari,V. Singh Counsel for Respondent :- C.S.C.,Anil Tiwari,Shivam Yadav
Hon'ble V.K. Shukla,J. Hon'ble Huluvadi G. Ramesh,J.
Jagdish Narain Tiwari is before us questioning the validity of action so taken under Section 27 of U.P. Urban Planning and Development Act, 1973.
On the matter being taken up today, obection has been raised that against the said action in question, there is statutory remedy of appeal, provided for under Section 27 of the Act.
Under U.P. Urban Planning and Development Act, 1973, when an order has been passed in exercise of power conferred under sub-section (1) of Section 27, and sub-section (2) of Section 27 of the Act, clearly proceed to mention that any person aggrieved by an order under sub-section (1) may appeal to the Chairman against that order within thirty days from the date thereof and the Chairman may after hearing the parties to the appeal either allow or dismiss the appeal or may reverse or vary any part of the order. Sub-section (3) of Section 27 of the Act, proceeds to mention that the Chairman may stay the execution of an order against which an appeal has been filed before it under sub-section (1). Sub-section (4) of Section 27 of the Act clearly proceeds to mention that the decision of the Chairman on the appeal and, subject only to such decision the order under sub-section (1), shall be final and shall not be questioned in any Court and sub-section (5) of Section 27 of the Act, proceeds to mention that the provisions of this section shall be in addition to, not in derogation of, any other provision relating to demolition of building contained in any other law for the time being in force.
Once U.P. Urban Planning and Development Act, 1973, is a self contained Act and against the action taken under Section 27 of the Act, there is a statutory alternative remedy provided for and the authority can pass interim relief, then there is no occasion for us to bypass the remedy of statutory appeal available before the Chairman of the authority concerned.
In view of the aforesaid, the writ petition is dismissed on the ground of alternative remedy.
Order Date :- 28.5.2015
PKG
Neutral Citation No. - 2015:AHC:77686-DB
Comments