The Allahabad High Court has issued a contempt notice to officers operating the bulldozers despite a stay on the AeroCity Residency at Bulandshahr Jhajhar.
A single-judge bench of Justice Saral Srivastava passed this order while hearing a Contempt Application filed by Rishi Goel.
The applicant has alleged violation of order of Writ Court dated 14.07.2021 and order dated 08.12.2021.
It is submitted by the counsel for the applicant that by order dated 14.07.2021, Writ Court has quashed the demolition notice issued by the appellate authority and granted liberty to the appellate authority to decide the question of maintainability of appeal.
Thereafter, the appellate authority held the appeal to be maintainable against the order dated 05.03.2022 by which demolition notice had been withdrawn.
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It is submitted that the applicant again challenged the said order in Writ-C No.28145 of 2021 in which interim order was passed by Writ Court on 08.12.2021.
It is stated that demolition notice issued by the appellate authority has been quashed by Writ Court by judgement and order dated 14.07.2021 and there was no demolition notice against the petitioner.
It is alleged that despite there being an order of the Court dated 14.07.2021 quashing the demolition notice meaning thereby that no demolition can be carried out except in accordance with law, yet authorities without following the due procedure of law in violation of order of Writ Court dated 14.07.2021, came on the spot and demolished the construction of the applicant on 29.03.2022.
The Court held that prima facie a case for contempt is made out.
“Issue notice to opposite parties who shall appear in person and explain as to why the contempt proceedings may not be initiated against them for the alleged violation of the judgement and order of Writ Court dated 14.07.2021 passed in Writ-C No14704 of 2021 and order dated 08.12.2021 passed in Writ-C No 28145 of 2021. In case, the order of Writ Court is complied with by the next date fixed, the opposite parties may not appear in person and may file an affidavit of compliance through counsel”
-the order reads.
The Court has fixed the next hearing of the petition on August 16, 2022.
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