Prayagraj Development Authority Directed Not To Evict Tenants And Shopkeepers From Alop Shankari Devi Complex Till Disposal Of Appeal Before Commissioner
The Allahabad High Court has directed the Prayagraj Development Authority (PDA) not to evict tenants and shopkeepers residing at the Alop Shankari Devi compound, located near the Magh Mela area, till the disposal of their appeal pending before the Commissioner, Prayagraj.
Disposing of a writ petition filed by Soni Yadav and five others, Justice Chandra Kumar Rai directed the Commissioner, Prayagraj division to decide the appeal of petitioners after affording an opportunity of hearing to both parties within a period of six months. “Till the disposal of the above appeal, the order dated May 10, 2024, passed by PDA shall remain suspended”, the court added.
The Prayagraj Development Authority (PDA) in its order dated May 10, 2024, had directed the eviction and demolition of the petitioners’ dwellings and shops, who were tenants and shopkeepers in the Alop Shankari Devi compound for a very long period. The petitioners moved a statutory appeal and stay application dated June 6, 2024, before Commissioner Prayagraj under section 27 (2) of the Urban Planning and Development Act, 1973.
The counsel for the petitioner Rashmi Tripathi submitted that the appeal against the eviction and demolition order of PDA is pending before the Commissioner. She further submitted that the order under appeal has serious consequences as such petitioner is entitled to interim protection during the pendency of the appeal.
However, the counsel appearing for PDA Awadhesh Narayan Dubey opposed the petition, saying that the order under appeal has been rightly passed by the authorities, as such petitioner is not entitled to any interim protection during the pendency of the appeal before the Commissioner.
In its order dated July 18, the court relied upon a case Ali Sher Vs state of UP through the collector, Bijnor and others (2007), where this court has held that interim protection be granted during the pendency of appeal/revision if the order under appeal/revision has serious civil consequences.
