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Demolition of residence built near ancient monuments, Petition stays: Allahabad HC
A special sitting was held by the Allahabad HC that stayed the demolition of a residence that was alleged to be built nearby of the ancient monuments where Lord Budha attained Nirvana.
The respective Sub-Divisional Magistrate authorities had directed orders for demolition of the Petitioner's property on Friday, February 12.
The petitioner, shocked of the same, urgently moved the High Court seeking quashing of the instructed order.
Since the High Court was to re-open only on Tuesday, a Division Bench comprising of Justice Dinesh Pathak and Justice Naheed Ara Moonis held an immediate special hearing on Monday based on the orders passed by Chief Justice Govind Mathur supporting the administrative side.
The Bench heard both the parties afterward which directed the Petitioner to make a representation before the respective competent authority.
The concerned authorities, respondents were restrained from taking any coercive against the Petitioner.
The order was passed on an immediate basis, without calling for the counter and rejoinder affidavits of the concerned parties.
The Bench anyhow made it clear that the Respondents shall be allowed at liberty to move a recall application, whether it is found that any facts or details given by the Petitioner are incorrect.
The complainant's property was said to have been built in violation of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
Section 20B of the respective Act states that the area within 200 meters of every protected monument and site as a Regulated area is regulated by the competent authority under the Act.
It was alleged that the Petitioner's property was constructed within 200 meters of the ancient monuments situated in Kushi Nagar district and thus, the impugned demolition order was passed.
The petitioner argued that the impugned order was passed without giving any opportunity of hearing and also a reply was not heard to the notice sent on Jan 30th regarding the same whereas the order for demolition was passed.
The construction plan was passed by the respective authorities on June 16, 2010, for which no objection was ever raised by anyone mentioning that the Petitioner's residence was more than 200m away from the reserved area.
The Government argued and opposed the petition while showing proofs of notice that has already been given to them in 2010 as well as in 2012 to the petitioner and yet they constructed their residence in the prohibited area.
It was also mentioned through a notice on January 30, 2021, that an opportunity of hearing was given to the petitioners to file any concerned reply within 15 days but they failed to reply on the same.
It was further argued that it was directed by the Archaeological Survey of India on the issue of demolition of the residence.
The court upheld a recent issue relating to the same where the High Court recently issued a notice on a writer alleging encroachments at an Archaeological site at Kushi Nagar where Lord Buddha attained Nirvana.
The matter is now posted for hearing on February 22, 2021.
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