HC stays demolition of resort owned by Azam’s wife for 6 weeks

PRAYAGRAJ: The Allahabad high court has stayed for six weeks the order for the demolition of ‘Hamsafar Resort’ at Rampur, which is owned by senior Samajwadi Party leader and MP Azam Khan’s wife Dr Tazeen Fatima.
The petitioner, Dr Tazeen Fatima, had requested the court to quash the order dated August 27, 2020, passed by the Rampur Development Authority (RDA), directing demolition of the resort. The RDA had passed this order alleging that the resort was made without prior sanctioning of map by the authority concerned.
While finally disposing of the writ petition filed by Dr Fatima, a division bench comprising Justice Shashi Kant Gupta and Justice Piyush Agrawal directed the petitioner to avail the statutory remedy provided under the UP Urban Planning and Development Act.
Passing the above directive, the court observed: “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.”
During the course of hearing, counsel for respondent authorities informed the court that the writ petition was not maintainable, as the petitioner had an ‘efficacious alternate remedy’ by way of an appeal before the authorities concerned.
The court directed the petitioner to approach the appellate authority within two weeks. As per the direction, the appellate authority shall decide the matter expeditiously, preferably within four weeks from the date of filing of the said appeal, in accordance with law by a speaking and reasoned order after giving opportunity of personal hearing to the petitioner.
The court also made it clear that in case the petitioner does not file an appeal before the competent authority within the stipulated period, as indicated herein above, the benefit given to the petitioner under this order shall cease to operate.
Established in the year 2016, Humsafar Resort is a top player in the category resorts in Rampur. The resort is alleged to have been made without sanction of map by the authorities concerned and accordingly, the RDA had passed an order of demolition on August 27, 2020. Hence, the present writ petition was filed challenging the order dated August 27.
The order was passed on September 8.