JUDGMENT By the Court.—Heard Sri Sunil Kumar Mishra, learned counsel for the petitioner-Authority, Sri Rahul Kumar Tyagi, learned counsel for respondent No. 4, Sri Pankaj Kumar Srivastava, learned counsel for respondent No. 5 and learned Standing Counsel for the State-respondents at some length. 2. This writ petition is a classic example of how the Authorities which are constituted for the purposes of ensuring planned land development and for ensuring that no unauthorized/illegal constructions take place, themselves start colluding with the land mafias. A situation has been created, where the Authority itself is forced to approach the High Court for a writ of mandamus to the district police to provide police help in the matter of demolition of the unauthorized constructions, which have been raised within the territory of the Authority concerned. 3. The facts, as they stand on record of the present writ petition, are really disturbing. They reflect upon administration of the State and Authorities. How careless they are, amply demonstrated from the facts on record of the present writ petition. 4. We may only refer to some of the relevant facts. 5. On record is a possession memo dated 3rd June, 1989 signed by the Junior Engineer on behalf of U.P. Avas Evam Vikash Parishad, which mentions that the possession of Plot No. 661/6, Type-Residential, located in Bhoomi Vikas, Grisathan Yojna No. 7, Sector No. 6, Phase-1st, Shashtrinagar, Meerut, as allotted in favour of respondent No. 4, namely, Veer Singh on 30th August, 1986 under Letter No. 8820 of the Avas Ayukt, Meerut on cash down payment has been delivered. An agreement in that respect was also executed between the parties on 3rd June, 1989. The actual possession of the plot is said to be delivered to Veer Singh as per the details in the letter on 15th June, 1989. In respect of the same property, free hold deed was executed by the Utter Pradesh Avas Evam Vikas Parishad in favour of respondent No. 4 Veer Singh on consideration of Rs. 2,95,795/- with specific condition that the property shall be used for residential purposes only. The relevant clause-8 of the sale-deed/free hold deed on page-29 of the paper-book reads as follows: ^^8- iathd`r bPNqd Øsrk mDr lEifRr dk mi;ksx vkoklh; iz;kstu ds flok; fdlh vU; iz;kstu ds fy;s ugh djsxk@djsxh vkSj og foØ; fd;s x;s lEifRr ds lEcU/k esa ifj”kn~ ds lHkh vuqns’kksa dks loZFkk vuqlj.k djsxk@djsxhA^^ 6. The relevant clause-8 of the sale-deed/free hold deed on page-29 of the paper-book reads as follows: ^^8- iathd`r bPNqd Øsrk mDr lEifRr dk mi;ksx vkoklh; iz;kstu ds flok; fdlh vU; iz;kstu ds fy;s ugh djsxk@djsxh vkSj og foØ; fd;s x;s lEifRr ds lEcU/k esa ifj”kn~ ds lHkh vuqns’kksa dks loZFkk vuqlj.k djsxk@djsxhA^^ 6. U.P. Avas Evam Vikas Parishad has come up with a prayer that unauthorized commercial constructions have been raised over the said plot by the respondents to the present proceedings without getting any map sanctioned from the U.P. Avas Evam Vikas Parishad. Despite notice dated 20th April, 2011 issued under Section 83 of the Utter Pradesh Avas Evam Vikas Parishad Act, 1965, such constructions were not stopped. There is an order dated 21st May, 2011 made by the competent authority of the U.P. Avas Evam Vikas Parishad, Meerut for demolition of the unauthorized constructions. (Reference page 38 of the paper book). On record is a notice dated 29th July, 2013 addressed to the Vinod Arora respondent No. 5 to show-cause as to why unauthorized constructions over the plot No. 661/6 may not be demolished. On 30th July, 2013, a first information report was lodged at Police Station Nauchandi, Meerut pointing out that unauthorized constructions are being raised, action be taken. On record is another order dated 31st July, 2013, requiring the Additional District Magistrate to provide police help to the Avas Evam Vikas Parishad so that the unauthorized constructions could be demolished. 7. Neither neither the constructions were demolished nor the respondents refrained themselves from completing their constructions. 8. The Awas Vikas Parishad failing to find support from the district Administration, has approached this Court by means of the present writ petition with the allegations that the district Administration is not providing assistance for the performance of the statutory duties by the Awas Vikas Parishad and that constructions have been raised over the plot without any map having been sanctioned at any point of time. 9. It has also been pointed out that constructions, which have been raised, are commercial in nature, while plot and the area is for residential purposes only. 10. It has also been stated that respondents are supported by local gang lead by respondent No. 5. The service and life of the officers of Awas Vikas Parishad is itself in danger. 11. It has also been pointed out that constructions, which have been raised, are commercial in nature, while plot and the area is for residential purposes only. 10. It has also been stated that respondents are supported by local gang lead by respondent No. 5. The service and life of the officers of Awas Vikas Parishad is itself in danger. 11. Notice was issued to the respondents calling upon the allottee Veer Singh, in whose favour, sale-deed/free hold deed, was executed as well as Vinod Arora (respondent No. 5) to respond to the allegations made in the present writ petition. 12. Respondent No. 4 Sri Veer Singh, in whose favour sale-deed/free hold deed had been executed, is represented by Sri Rahul Kumar Tyagi, Advocate. He has chosen not to file any counter affidavit. However, learned counsel for respondent No. 4 Veer Singh has made following statements before this Court: (a) He has executed a power of attorney of the property in question in favour of respondent No. 5, namely, Vinod Arora and has taken money for execution of the said power of attorney. (b) The constructions have been raised over Plot No. 661/6 without any map having been sanctioned. These constructions have not been raised by respondent No. 4 Veer Singh. (c) He has no objection, if the constructions are demolished. He shall not claim any compensation, if constructions are removed by Awas Vikas Parishad. 13. Respondent No. 5 is the person in whose favour power of attorney has been executed. He claims that he is only owner of one of the shops, which has been constructed on the plot in question on the strength of the power of attorney. 14. An affidavit has been filed by respondent No. 5. In paragraph 6, it has been stated that it is respondent No. 4, who had raised constructions of the shops and had sold the same to the different persons. The constructions had been raised 20 years ago and that the officers/authorities of Awas Vikas Parishad had never objected to the constructions of the shops, or to the sale of the same to 3rd persons at any point of time. 15. The constructions had been raised 20 years ago and that the officers/authorities of Awas Vikas Parishad had never objected to the constructions of the shops, or to the sale of the same to 3rd persons at any point of time. 15. It has been stated that there are more than 100 shops, more than 32 banks and more than 100 Nursing Homes in the vicinity of Shastri Nagar, where the disputed plot is situate and although, the area is earmarked for residential purposes. In fact, it has been used for commercial purposes in collusion with the officers of Awas Vikas Parishad. 16. It has been stated that respondent No. 5 has been singled out only because he has refused to satisfy the illegal demands of the officers of Awas Vikas Parishad. It is then stated that the orders under Sections 82/83/84 of the Act, 1965 have been made without any opportunity to the respondent No. 5. Demolition need not be effected, as the shops are more than 20 years old. The plea of estoppal is sought to be raised. 17. It is also stated that Shashtri Nagar Housing Scheme is in the vicinity of Meerut City and for the reasons best known to the officers of Awas Vikas Parishad, now commercial area was provided in the said scheme. It is admitted that notice dated 29.7.2013 was served upon the answering respondent. It is only then he could come to know as to what has happened behind his back. 18. It is stated that the authorities of Awas Vikas Parishad want to realize illegal money from the Traders of Central Market, Shashtri Nagar and it is with this intention that they have approached this Court. 19. Sri Pankaj Kumar Srivastava, learned counsel for respondent No. 5 stated before this Court that there were existing shops at the time power of attorney was executed in his favour and some shops were added by him after the power of attorney was executed. However, he admitted that at no point of time, any map was got sanctioned from the Awas Evam Vikas Parishad for the purpose of raising the constructions of the commercial shops. 20. On being asked as to whether respondent No. 5 has any objection if the shops in question are demolished, he fairly stated that except for the shop of which he is the owner, he can have no objection. 21. 20. On being asked as to whether respondent No. 5 has any objection if the shops in question are demolished, he fairly stated that except for the shop of which he is the owner, he can have no objection. 21. We have considered the submissions made by the learned counsel for the parties and have examined the records of the present writ petition. 22. The facts, as they stand admitted on record are as fallows: Plot No. 661/6, Type-Residential, located in Bhoomi Vikas, Grisathan Yojna No. 7, Sector No. 6, Phase-1st, Shashtrinagar, Meerut was initially given possession under an order of allotment in favour of Veer Singh for residential purposes only being situate in the area earmarked under residential scheme. Free-hold deed, which was executed on 6.10.2004, specifically mentions in paragraph 8 of the deed (page 29 of the paper book) that the land in question would be used for residential purposes only and for no other purposes. Large number of commercial constructions have been raised over the plot in question without getting any map sanctioned for such constructions from Awas Vikas Parishad. Respondent tNo. 4 Veer Singh, in whose favour the allotment and the free-hold deed has been executed, has no objection to the demolitions, which are to be effected. It is the case of respondent No. 4 that he has not raised any constructions. 23. Respondent No. 5, who is power of attorney holder of respondent No. 4, admits raising of constructions of few shops only and that in respect of shops constructed by him, no map was got sanctioned from Awas Evam Vikas Parishad at any point of time. Photographs produced before us depict that the constructions are of long standing. 24. We have no hesitation to record that even constructions are patently illegal and unjustified and have been so raised in serious violation of the statutory provisions. 25. We have further no hesitation to record that such huge constructions cannot come up in a day and such constructions cannot be made unless there is an active collusion between Bhoomafias and authorities of the Awas Evam Vikas Parishad. 26. 25. We have further no hesitation to record that such huge constructions cannot come up in a day and such constructions cannot be made unless there is an active collusion between Bhoomafias and authorities of the Awas Evam Vikas Parishad. 26. It is no doubt true that large number of constructions are standing on the plots in question and the order of demolition of such constructions may result in loss to large number of persons, but a stage has been reached when such drastic steps have to be taken to protect the rule of law in this State. 27. We take judicial notice of the fact that the authorities of Awas Evam Vikas Parishad and other Development Authorities have become a source of investment on illgotten money and source of generating ill-gotten money for the officers of such Authorities. The proceedings in respect of the officers of the Development Authorities, which are pending at various level including those before the High Court and before the Apex Court are testimony of what has been recorded by us herein above. 28. This practice of permitting the unauthorized constructions to be raised for years together and thereafter to pursue a person occupying the premises so unauthorizedly constructed for the purposes of demolition, which according to respondent No. 5 is only for the purposes of seeking uncalled for monetary benefits/favours must stop. 29. The situation has become worst because the State does not act even after knowing as to what is happening or has happened. We failed to understand as to how the district authorities, who despite being made aware of the unauthorized constructions being raised and despite the police help being asked for, by the Avas Evam Vikas Parishad could refuse to assist the officers, who wanted to perform their statutory duties. Is there is no law in the State or that the law cannot be enforced only because the District Administration and Police Authorities will not respond to their duties. 30. We are of the opinion that the constructions raised are patently in violation of the statutory provisions applicable, they have to be demolished with all promptness. Action has to be taken not only against the private persons, who have created the situation but also against the officers of the Avas Evam Vikas Parishad, who are involved, they must be told that law will catch hold of them some day. Action has to be taken not only against the private persons, who have created the situation but also against the officers of the Avas Evam Vikas Parishad, who are involved, they must be told that law will catch hold of them some day. A day has to come for these illegal activities being put to an end with iron hand. 31. We, therefore, issue following directions: (a) The District Magistrate, Meerut and the Senior Superintendent of Police Meerut shall remain present on the date and time to be notified by the petitioner-Avas Evam Vikas Parishad for the purposes of demolition of unauthorized constructions. Such demolitions must be effected on or before 31st December, 2014. (b) Criminal proceedings should be launched against respondent Nos. 4 and 5 as well as against the officers, who were In-charge of the office of Awas Vikas Parishad at the relevant time including the Chief Engineer and the Executive Engineer when these constructions had come up. (c) The Chief Secretary, U.P. Lucknow shall ensure that the departmental proceedings are also initiated against the officers of Awas Evam Vikas Parishad responsible for the situation, which has been created. The Housing Commissioner shall also ensure that all like nature of unauthorized constructions are similarly dealt with without any discrimination and without any favourtism. For the purpose, he shall ensure that the highest officer posted in the office of Awas Evam Vikas Parishad at Meerut is made personally responsible for giving notice to the owner/persons in possession of the unauthorized occupations. The proceedings must be decided and appropriate action be taken within two months from the date of receipt of a certified copy of this order. There should be no complaint to this Court that any person has been treated favourably in the matter of demolition of the unauthorized constructions. (d) We also direct the Chief Secretary, U.P. Lucknow to ensure that the district authorities at Meerut are responded to the request of Awas Evam Vikas Parishad in the matter of demolition with all promptness and with full force. (e) We make it clear that all unauthorized constructions have to be dealt with in same manner. 32. The present writ petition stands allowed with the observations made. ——————