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2025 DAILYLAW 139708 (ALL)

SMT. DEVENTI DEVI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF PARYATAN LKO. AND 4 OTHERS

WRIC/4530/2025 · 2025-05-16

Om Prakash Shukla, Rajan Roy

Writ Petition (Civil)body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28920-DB Court No. - 2 Case :- WRIT - C No. - 4530 of 2025 Petitioner :- Smt. Deventi Devi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Paryatan Lko. And 4 Others Counsel for Petitioner :- Sandeep Kumar Counsel for Respondent :- C.S.C.,M.K. Dixit Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Supplementary affidavit filed on behalf of the petitioner is taken on record. Heard Shri Sandeep Kumar, learned counsel for the petitioner and Shri Vivek Manishi Shukla, learned Additional Chief Standing Counsel for the State. As of now the building/house of the petitioner has not been demolished. He says that opposite party no. 5 threatens orally that it will be demolished. Shri Vivek Manishi Shukla, learned Additional Chief Standing Counsel for the State says that the house exists on 'Nazool' land and notices have been issued to the petitioner thrice. He further says that part of land/house in question falls in the proposed Gola Gokaranath Corridor, but, the acquisition has not taken place as yet. In view of the aforesaid, the writ petition is disposed of with the observations/directions that any process for demolition can take place only in accordance with law which includes the judgment dated 13.11.2024 rendered by Hon'ble the Supreme Court in Writ Petition (Civil) No. 295 of 2022; In Re: directions in the matter of demolition of structures and such other statutory provisions as may be attracted which will have to be adhered. It is however made clear that if the land/house of the petitioner is acquired compulsorily, then, the procedure prescribed for such acquisition will have to be followed for taking possession as per law. With the aforesaid observations/directions, the writ petition is finally disposed of. Let a copy of this order be transmitted by Shri Vivek Manishi Shukla, learned Additional Chief Standing Counsel for the State to the opposite party no. 2 for ensuring compliance. Let a copy of this order be provided to the learned counsel for the parties today itself on payment of usual charges. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 16.5.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench