The Allahabad High Court has stayed the demolition action of a disputed property by the Cantonment Board, Meerut.
A single-judge bench of Justice J.J. Munir passed this order while hearing a petition filed by Sanjeev Oberai.
This matter was mentioned indicating extreme urgency that the petitioner was facing demolition by the Cantonment Board, Meerut and the demolition squad had arrived at his premises. It was in these circumstances that the papers were summoned from the office.
The Court observed that the petitioner is faced with a demolition notice dated 15.06.2022, issued by the Executive Officer, Cantonment Board, Meerut. The notice shows that demolition will be carried on 16.06.2022.
Petitioner’s counsel K.K. Arora pointed out that the demolition squad is indeed at his client’s premises and that is why he has sought urgent indulgence of this Court.
Udit Chandra appeared on behalf of respondents. He pointed out that the petitioner has already filed a suit before the Civil Judge (Senior Division), Meerut and a copy of the plaint in Original Suit, filed by the petitioner here, against the Cantonment Board and its Executive Officer is on record to the petitioner. There is also a temporary injunction application seeking to restrain demolition pending suit and a further application under Rule 13 of the General Rules Civil for hearing during summer vacations.
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The counsel for the petitioner pointed out that the Rule 13 application has been allowed by the Civil Judge (Senior Division), Meerut and 20.06.2022 is the date fixed for hearing on the temporary injunction matter, but in the meantime, demolition notice scheduling demolition for 16.06.2022, has been issued.
He submitted that the Cantonment Board is racing to defeat the judicial process and attempting to carry out demolition before the learned Civil Judge, hears the matter. He further submitted that the situation is extremely urgent requiring indulgence of the Court in aid of justice.
On instructions, Udit Chandra said the temporary injunction matter in the pending suit is coming up on 20.06.2022 and there is no urgency. However, on being confronted with a copy of the notice scheduling the demolition, he is not in a position to dispute the fact that the demolition may be carried out.
The Court further observed that, if the demolitions were carried out today, justice would indeed be defeated.
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In the circumstances, the Court disposed of the petition with orders to the effect that the Civil Judge (Senior Division), Meerut will pass appropriate orders on the application for temporary injunction made by the petitioner in Original Suit, on the date fixed, that is 20.06.2022.
“Till 20.06.2022, the property in dispute, subject matter of Original Suit, pending on the file of the Civil Judge (Senior Division), Meerut, shall not be demolished by the respondents. The Civil Judge (Senior Division) Meerut, shall pass orders, in accordance with law, after hearing parties, without being influenced by anything said in the order”
-the order reads.