MAHANT BHAGWATI PRATAP DAS and ANOTHER v. STATE OF U.P.THR.PRIN.SECY.URBAN DEVELOPMENT and PLANNING andORS
WPIL/8572/2013 · 2025-10-09
Rajan Roy, Rajeev Bharti
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 118279 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118279 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 8572 of 2013 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE RAJEEV BHARTI, J.
1. Heard. 2. This P.I.L. was filed in the year 2013 seeking the following main reliefs:-
"(i) issue a writ, order or direction in the nature of Mandamus thereby directing the O.P.No.1 to constitute Barabanki Development Authority in order to prevent loss of revenue and illegal and unlawful development/construction district of Barabanki. activities within the district of Barabanki. ii)- issue a writ, order or direction in the nature of Mandamus thereby directing the opposite parties to stop the illegal and unlawful construction / development activities within the local areas of South City Gram Badel, Haidergarh Road, Gram Kurauli, Khahipal road, Kartik Vihar Colony, Grarn Badel, Backside of Maharishi Vidyalay, Gram Badel and Gram Bhuhera, Barabanki."
3. Various orders have been passed in this petition and affidavits have been filed in response thereof. The last affidavit filed by the Sub- Divisional Magistrate, who happens to be the prescribed authority under the regulation of the Uttar Pradesh (Regulation of Building Operations) Act, 1958 (hereinafter referred to as 'Act 1958'), is dated 25.04.2024, annexing the orders passed in respect of compounding and consequently cancellation of notices. In some cases demolitions have taken place Versus Counsel for Petitioner(s) : Prince Lenin, Vikas Anand Counsel for Respondent(s) : C.S.C. Mahant Bhagwati Pratap Das And Another .....Petitioner(s) State Of U.P.Thr.Prin.Secy.Urban Development And Planning Andors .....Respondent(s)
wherein the prescribed authority to perform its statutory obligations under the Act 1958 as per law keeping in mind relief no.2. 4. As regards the first relief regarding constitution of a development authority, this is a policy matter to be considered by the State as per the provisions of the U.P. Urban Planning and Development Act, 1973, therefore, the petitioner may move an application before the State Government in this regard, who can consider the same, unless there is any legal impediment. 5. As regards the second relief, as there is no development authority, it is either the Nagar Palika, Barabanki or the prescribed authority under the regulation of Uttar Pradesh (Regulation of Building Operations) Act, 1958 who have to do the needful.
Petitioner may approach the said Palika or Authority if there is a cause by moving an application which shall be considered by them as per law and needful shall be done. 6. We, however, provide that if there are any specific instances of illegal development then the same can be raised separately as it is not possible for this Court to conduct an omnibus proceeding in respect of all such activities which may be going on or which may occur in the future. 7. With these observations, we dispose of this PIL. October 9, 2025 Anand/- WPIL No. 8572 of 2013 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench