Lucknow: In a major relief to residents of Maharajganj area of Bahraich who had been served ' demolition ' notices by the Public Works Department ( PWD ), a Lucknow bench of Allahabad high court on Sunday allowed them 15-day time to file their replies. Earlier on Oct 18, the department had given 3-day notice which ended Sunday evening. The bench of Justices AR Masoodi and Subhash Vidyarthi stressed that those who have been served notice for demolition of the illegal structures on Kundasar-Mahsi Nanpara-Maharajganj Road in Bahraich may file their response within 15 days and also directed the state authorities to consider the said replies and pass 'speaking and reasoned' order on the reply.
Citing SC's Sept 29 order — 'till the next date of hearing, we direct that there shall be no demolition anywhere across the country without seeking leave of this court' — the bench said: "We have no reason to believe that the order passed by the apex court shall not be carried out by the State of UP in letter and spirit".The plea argued that the state had issued the demolition notice in an illegal manner and its action to initiate demolition drive is in violation of the Supreme Court 's recent directives, banning the bulldozer action except in certain cases.On behalf of the state government, chief standing counsel (CSC) Shailendra Kumar Singh said that the PIL was not maintainable.
Citing the SC's Sept 29 order -- 'till the next date of hearing, we direct that there shall be no demolitio.
