The Allahabad High Court on Monday stayed the demolition of a residential complex allegedly built close to monuments where Lord Buddha died.
The order was passed on an urgent basis, without calling for the counter and rejoinder affidavits of the concerned parties.
The Court, however, made it clear that the Respondents shall be at liberty to move a recall application, in case it is found that any facts or details given by the petitioner is incorrect.
The Division Bench of Justices Naheed Ara Moonis and Dinesh Pathak passed this order while hearing a petition filed by Noorjahan and another.
The counsel for the petitioners submits that the impugned order passed by the respondent no.3 for the demolition of the construction raised by the petitioners, treating it to be illegal in violation of Ancient Monuments and Archaeological Sites and Remains Act, 1958 as amended in 2010 has been passed without giving any opportunity of hearing and also without considering the reply/objection of the petitioners dated February 12 , 2021.
He further submitted that the map of the construction was passed by the competent authority on June 16, 2010 for which no objection was ever raised by the respondents that the map has been obtained against the provisions of law. In fact, the petitioner’s houses/ buildings are more than 200 meters away from the prohibited area of the ancient monuments which are situated at Tehsil Padrauna, district Kushi Nagar where Lord Buddha attained parinirvana.
He also submitted that the alleged notice dated January 30, 2021 has been issued without referring any order passed by the Central Government.
The State Government opposed the Writ Petition, while stating that show cause notice had already been given to the Petitioners in 2010 as well as in 2012, and yet they constructed their buildings/houses in the prohibited area.
It was submitted that by way of a notice dated January 30, 2021, an opportunity of hearing was given to the petitioners to file reply/objection within 15 days but they failed to reply the same.
The Court has noted that there is no reason to show that the houses of the petitioners have been constructed within the prohibited area. It noted, “even the residence of all the persons in the notice have not been shown. In a casual manner, the impugned order dated February 12, 2021 has been passed in haste directing the Tehsildar to remove the construction of the buildings/houses without giving any opportunity of hearing to the Petitioners which is against the principles of natural justice.”
The Court ordered that “the Writ Petition is disposed of with the direction to the petitioners to approach the competent authority within two weeks from today by making a fresh representation/ objection, which shall be considered and decided by the authority concerned in accordance with law within a month, thereafter, after giving due opportunity of hearing to the petitioners and after conducting a survey of the concerned area. For a period of six weeks or till the date of the decision taken by the authority concerned, no coercive action shall be taken against the petitioners by the respondent’s authorities.”
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