Allahabad HC Orders Govt Not To Demolish Properties Till Expiry Of Period To File An Appeal/ Disposal Of Appeal [Read Order]
4 years, 2 months ago

Allahabad HC Orders Govt Not To Demolish Properties Till Expiry Of Period To File An Appeal/ Disposal Of Appeal [Read Order]

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In a significant order passed on Thursday, the Allahabad High Court directed the state authorities, not to undertake demolition activities until expiry of the period for filing an appeal against the demolition order, or in case where an appeal has been filed, until disposal of its interim application. "The State authorities, where ever demolition orders are passed in respect of constructions raised on the private properties under the two acts, should wait from taking any action for actual demolition till the statutory period of appeal comes to an end. The Court further noted that the statute in itself is silent as to when the demolition activities may be commenced, hence, keeping in view the fact that the "statutes are held to be ex-proprietary in nature and should be construed strictly as they purport to take away the valuable constitutional rights of the citizens," it passed the following directions: The State authorities, where ever demolition orders are passed in respect of constructions raised on the private properties under the two acts, should wait from taking any action for actual demolition till the statutory period of appeal comes to an end. Till the disposal of the interim application filed in 8 the statutory appeals the authorities should not take any steps for executing the demolition orders.

History of this topic

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