Neutral Citation No. - 2025:AHC:43494-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 40) Court No. - 21 Case :- WRIT - C No. - 2176 of 2025 Petitioner :- Ashish Pannu Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Ankur Sharma,Nidhi A. Sharma Counsel for Respondent :- Gunja Singh, Tejasvi Misra,C.S.C.,Ravi Prakash Pandey Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner has prayed for a writ of mandamus commanding respondent no. 2 to demolish unauthorized constructions raised by respondent no. 3 over plot no. 8/34 Rajendra Nagar, Sector-3, Sahibabad, Ghaziabad and to proceed against him strictly in accordance with the provisions of the U.P. Urban Planning and Development Act, 1973. 2. The petitioner claims to be resident to 8/35 Ganesh Bhavan, Rajendra Nagar, Sector-3, Sahibabad, Ghaziabad. The adjacent land is plot no. 8/34 which was earlier owned by Dr. Pradeep Sharma and Dr. Sandeep Sharma. They have sold the same in favour of M/s Mannat Builders on 8.4.2022. The builder has further transferred the same in favour of respondent no. 3 on 20.2.2023. According to the petitioner, respondent no. 3 immediately after purchasing the property started raising constructions over the same in the name of Paras Ace Developers. He also got a building plan sactioned on 29.3.2023 in the name of previous owners concealing the sale in his favour. There is already an order dated 1.7.2023 in respect of the deviations made in the said building under Section 27 (1) of the Act. The respondent no. 3 continued with the illegal constructions. The Ghaziabad Development Authority (in short 'G.D.A.') got registered a first information report against previous owners namely, Dr. Pradeep Sharma and Dr. Sandeep Sharma. It is admitted that in June, 2024 a team of G.D.A. demolished illegal constructions i.e. columns raised on the fourth floor. 3. Learned counsel for the petitioner further submits that respondent no. 3 is illegally executing sale deeds of portion of the building which has been constructed contrary to the sanctioned building plan. 4. Sri Tejasvi Mishra, learned counsel for the G.D.A. has placed on record the instructions received from the Authority and according to which in an inspection made on 21.3.2025 various deviations have been found in the constructions raised over the plot in question. The side set back has been covered. It is also stated that on 3.8.2023 the Competent Authority passed a demolition order followed by actual demolition of the offending constructions on 29.7.2023. On 4.4.2024 a sealing order was passed under Section 28A and it was given effect to on 15.4.2024. Alongwith the instructions, notices issued to respondent no. 3 as well as other occupants of the building have been annexed. 5. Learned counsel for the G.D.A. further states that proceeding initiated against respondent no. 3 for implementing the demolition order and also against the other occupants will be taken to logical conclusion expeditiously. 6. Having regard to the aforesaid stand of G.D.A., we are of the opinion that no further direction is required to be issued at this stage. The G.D.A. shall proceed strictly in accordance with law expeditiously. 7. The petition stands disposed of accordingly. Order Date :- 24.3.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad