A special bench of the Allahabad High Court has said that if an appeal or an interim petition against a demolition order is pending, then demolition action cannot be taken without a decision on it. The High Court has issued a general order on this subject.
The bench of Justice Ashwani Kumar Mishra and Justice Prakash Padia passed this order while disposing of the petition of Pradeep Kumar alias Pradeep Dhaka. The petitioner had moved the special bench set up for the winter vacation, demanding a halt to the demolition action issued by the Meerut Development Authority.
The Court said that when the general command has already been issued, there is no need to re-order. The petitioner’s Advocate said that the appeal against the demolition order has been accepted for hearing, but no order has been passed on the interim application. It is under consideration.
Meerut Development Authority wants to exploit this and demolish it. It should be prevented from doing so. The Court said that when a general order has been issued, no separate order is required.