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Smt. Anita Chatterji v. The Varanasi Development Authority Thru' Its Secretary & Anr - WRIT - C No. 24569 of 2006  RD-AH 8993 (4 May 2006)
Hon'ble Vineet Saran,J
Heard learned counsel for the petitioner as well as Sri Vivek Verma, learned counsel appearing for Respondent no.1 and learned Standing Counsel for Respondent no.2. With consent of the learned counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter affidavit.
By an order dated 28.5.2005 the Varanasi Development Authority, Varanasi issued directions for demolition of certain constructions which were raised by the petitioner contrary to the sanctioned plan. Aggrieved by the said order the petitioner filed an appeal along with a stay application. The appeal of the petitioner has been registered by the Commissioner, Varanasi Division, Varanasi but the stay application filed by the petitioner has yet not been considered.
Having heard learned counsel for the parties and considering the facts and circumstances of this case, this writ petition is finally disposed of with the direction that the appeal filed by the petitioner, which is pending before the Commissioner, Varanasi Division, Varanasi, may be heard and disposed of, in accordance with law, expeditiously after giving an opportunity of hearing to the petitioner and other concerned parties, if there be any. However, it is provided that no construction of the petitioner, which has been raised in accordance with the sanctioned plan passed by the Varanasi Development Authority, shall be demolished.
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