Dr. Ajay Kumar vs Union Of India & Ors

This application seeks review of order dated 19.01.2021 in O.A. No. 999/2019, Dr. Ajay Kumar v. UOI & Ors.

By the said order, the Tribunal considered the issue of remedial action against illegal construction in reserved park and open spaces in violation of Master Plan of Meerut. From report filed before it. the Tribunal noted that 250 illegal constructions had been identified and order issued for demolition against 185. Some constructions stood demolished  and  some  matters  were  pending  in  appeal.  The  Tribunal accordingly directed further action. Relevant extract from the order is reproduced below:-

“1to5….xxx……………………………..xxx……………………………..xxx

Accordingly,  an  action  taken  report  has  been  filed  on 18. 01.2021 by the Meerut Development Authority to the effect that more than 250 illegal constructions were identified. Orders have been passed for demolition of 185. 20 have been demolished. Four have been sealed. 61 matters are pending in appeal.

In view of the above, the Meerut Development Authority may take further action in accordance with law which may be reviewed periodically by the Principal Secretary, Urban Development Department, UP. It may be ensured that the land use is not changed without following due process of law, which may be regulated in terms of the Master Plans by the concerned authorities. The Principal Secretary, Housing and Urban Development, UP may also ensure that the concerned Development Authorities in the State follow the Master Plan and file periodical reports to that effect.

An action taken report as on 30.06.2021 may be furnished by the Principal Secretary, Housing and Urban Development, UP to the Oversight Committee headed by the Justice S.V.S. Rathore, former Judge of Allahabad High Court, who may convey its suggestions for the authorities and if necessary, send a report to this Tribunal.”

Ground in the review application is that the applicant has not been heard and his construction is legal. Since the Tribunal has not determined validity of individual constructions which exercise is to be undertaken by the statutory regulators dealing with the issue of removing illegal constructions, the applicants have their remedies before the said authorities.

The review application is accordingly dismissed.

Pending MA and IA will also stand disposed of.