MORMUKUT AGRAWAL v. COMMISSIONER AGRA DIVISION AGRA AND 2 OTHERS
WRIC/35522/2025 · 2025-10-09
Arun Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 103714 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 103714 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35522 of 2025 Court No. - 9 HON'BLE ARUN KUMAR, J.
1. Heard Sri Suresh Chandra Varma, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri D.S. Chauhan, learned counsel appearing for the respondent no. 2.
2. This writ petition has been filed challenging the orders of the respondent no.2, Secretary, Mathura Vrindavan Development Authority, Mathura and Commissioner Agra Division, Agra, dated 28.01.2022 and 10.03.2025 respectively passed under proceeding under Section 27(2) of the U.P. Urban Planning and Development Act, 1973.
3. Learned counsel for the petitioner states that on some spot inspection made by the respondent no. 2 on 25.01.2022, the impugned order dated 28.01.2022 was passed directing demolition of the alleged offending structure raised by the petitioner. Learned counsel for the petitioner further submits that he was not given proper notice and also no opportunity of hearing was given to the petitioner. The Appeal of the petitioner has been dismissed by the respondent no. 1 without any application of mind. Learned counsel for the petitioner further states that an opportunity be given to the petitioner to file a compounding map to get his construction regularized in accordance with the provisions of the Act.
4. In view of the aforesaid facts, the petitioner can be afforded one more opportunity to get his offending constructions regularized under the Provisions of the Act. The petitioner is granted 15 days' time to submit a compounding map regarding the constructions raised by him which shall be considered and shall be decided by the respondent no. 2 within a period of Versus Counsel for Petitioner(s) : Satendra Kumar Singh, Suresh Chandra Varma Counsel for Respondent(s) : C.S.C., Dharmendra Singh Chauhan Mormukut Agrawal .....Petitioner(s) Commissioner Agra Division Agra And 2 Others .....Respondent(s)
one month.
5. For a period of one month, the effect and operation of the orders dated 28.01.2022 and 10.03.2025 shall remain stayed.
6. However, it is provided that if the compounding map is not filed by the petitioner within the aforesaid period, the respondent no. 2 shall be at liberty to proceed in accordance with law.
7. With these observations, the writ petition stands disposed of. October 10, 2025 M.S. Ansari WRIC No. 35522 of 2025 2 (Arun Kumar,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad