Prayagraj: The Samajwadi Party MP and former minister Mohd Azam Khan and his family might have felt relief as the Allahabad High Court on Tuesday has stayed the demolition of ‘Humsafar’, a resort belonging to Tanzeem Fatima, wife of the Samajwadi leader.
The order of demolition
The order was passed by a two-judge bench comprising Justice S. K. Gupta and Justice Piyush Agrawal on a petition filed by Tanzeem Fatima against the order of demolition by the Uttar Pradesh government.
The Rampur Development Authority had issued demolition orders for the resort as the state government had alleged that the resort had been constructed on government land.
Turning down the demolition
Turning down the demolition order, the court put stay on demolition of the said property.
The court said as against the order of demolition the petitioner has an alternative statutory remedy of appeal and he may, if so advised, file an appeal against the impugned order of demolition under section 27(2) UP Urban Planning and Development Act before the appropriate authority within two weeks, reports IANS.
“If any such an appeal is filed by the petitioner within the stipulated period, the concerned appellate authority shall decide the same on merits expeditiously preferably within four weeks from the date of filing of the said appeal in accordance with the law by a speaking and reasoned order,” the court said.
For a period of six weeks or till the disposal of the appeal, whichever is earlier, no coercive measures shall be taken against the petitioner, the court added.
The state council against the plea
The plea was opposed by the state council, who said that the petitioner has an alternative and an efficacious statutory remedy by way of an appeal under Section 27(2) of the Act for redressal of his grievance before the appellate authority.
But instead of availing the said alternative remedy, the petitioner has chosen to file the present writ petition, which is not maintainable before this court, the state council said.
Tanzeem Fatima, a Samajwadi Party MLA, is in jail in Sitapur along with her husband, Mohd Azam Khan and son, Abdullah Azam, since February on charges of alleged fraud and forgery.