Courts Update Allahabad High Court extends stay on demolition, eviction, and...

Allahabad High Court extends stay on demolition, eviction, and occupancy for 15 days till August 17

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Allahabad Aug 5(ILNS): The Allahabad High Court on Monday has extended the stay on demolition, eviction, and occupancy for 15 days i.e. till August 17 with general order.

The Division Bench comprising of Acting Chief Justice Munishwar Nath Bhandari and Justice Subhash Chandra Sharma passed this order while hearing a suo motu PIL. The Court said the state government or local body, authority, demolition, eviction, etc will keep the proceedings slow. Banks and financial institutions will not take strict and coercive action in loan recovery.

The Court noted that the order was passed May 31, 2021, looking to the position obtained in the months of April and May 2021. The working of the Courts was in a virtual mode with limited capacity. Now, the position has improved as per the data of different agencies of the State of Uttar Pradesh.

The court said, “The Courts are also working physically. It is, however, submitted by the Member of the Bar that if the order dated May 31, 2021, is discontinued, it may have the consequence of discontinuance of interim order without moving an application for extension of time and other related issues.

The prayer is to continue the order dated May 31, 2021, for some reasonable time. We find that the order dated May 31, 2021, was passed in a situation of pandemic obtaining on the date in furtherance to the earlier order. It is not in dispute that the position has changed and otherwise Courts are physically working,” the Court observed.

“However, we take note the prayer made by Members of Bar and accordingly extend the order for 15 days so that appropriate action may be taken, as is required for extension of an interim order or to keep order in force in any of the Courts either the High Court, the District Court or all the Courts referred in para 1 quoted above.”

The Court clarified that all the orders dated May 31, 2021, regarding any orders of eviction, dispossession, or demolition would not continue furthermore and after the expiry of 15 days from i.e. August 17, 2021, the Court ordered.

However, we are not disposing of the petition rather keeping it pending to watch the situation and if the necessity arises to pass an appropriate order thereupon, the order reads.

The Court has fixed the next hearing of the petition on August 17./ILNS/AP/SV/SNG

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