M/S Veer Bhumi Infra Developers Pvt. Ltd. through its Prop. SANJAY KUMAR v. State of U.P. through Principal Secretary, Nagar Yojana and Development, Lucknow AND ORS.
WRIC/4365/2025 · 2025-05-09
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139057 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139057 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27189 Court No. - 6 Case :- WRIT - C No. - 4365 of 2025 Petitioner :- M/S Veer Bhumi Infra Developers Pvt. Ltd. Through Its Prop. Sanjay Kumar Respondent :- State Of U.P. Through Principal Secretary, Nagar Yojana And Development, Lucknow And Ors. Counsel for Petitioner :- Angrej Nath Shukla,Kamal Bahadur Singh Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Pankaj Bhatia,J.
1. Heard learned Counsel for the petitioner as well as learned Standing Counsel and Sri Ratnesh Chandra, learned Counsel for the Lucknow Development Authority.
2. The contention of the Counsel for the petitioner is that the
order impugned was passed for demolition despite the fact that the village where the property situate does not come within the development area. It is also argued that it is specifically pleaded in the appeal that no layout plan was applied for sanctioned, however, it was refused on the ground that the area does not fall within the area of development as notified by the Lucknow Development Authority.
3. The Counsel for the LDA places on record a copy of the notification dated 27.01.2009 whereby the village where the land is situate was brought within the limits of the development authority area.
4. In case the petitioner applies, his map shall be considered in accordance with law and shall not be rejected on the ground that the area does not fall within the development area.
5. In view thereof, the petition is disposed off permitting the petitioner to move an appropriate application before the Lucknow Development Authority for the sanction of the layout plan.
6. In case, such an application is moved, the order shall be passed on the application within a period of three months of the moving of the application.
7. The parties would be at liberty to carry out the development subject to passing of the layout plan as proposed to be placed
for sanction by the petitioner.
8. Needless to add that the petitioner will apply on the prescribed format and shall pay the requisite fee as prescribed.
9. The writ petition is disposed off in the above terms.
Order Date :- 9.5.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench