The order was passed on Tuesday by a two-judge bench comprising Justice S. K. Gupta and Justice Piyush Agrawal on a petition filed by Tazeen Fatima against the order of demolition by the Uttar Pradesh government.
The state government had alleged that the resort had been constructed on government land.
The court said as against the order of demolition the petitioner has an alternative statutory remedy of appeal and he may, if so advised, file an appeal against the impugned order of demolition under section 27(2) UP Urban Planning and Development Act before the appropriate authority within two weeks.
“If any such an appeal is filed by the petitioner within the stipulated period, the concerned appellate authority shall decide the same on merits expeditiously preferably within four weeks from the date of filing of the said appeal in accordance with the law by a speaking and reasoned order,” the court said.
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, the court added.
The plea was opposed by the state counsel, who said that the petitioner has an alternative and an efficacious statutory remedy by way of an appeal under Section 27(2) of the Act for redressal of his grievance before the appellate authority.
But instead of availing the said alternative remedy, the petitioner has chosen to file the present writ petition, which is not maintainable before this court, the state counsel said.
Tanzeen Fatima, a Samajwadi Party MLA, is in jail along with her husband, Mohd Azam Khan and son, Abdullah Azam, since February on charges of alleged fraud and forgery.