SMT. GUDDI v. LUCKNOW DEVELOPMENT AUTHORITY LKO. THRU. ITS VICE CHAIRMAN LKO. AND 2 OTHERS
WRIC/6378/2025 · 2025-07-08
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149669 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149669 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:38547-DB Court No. - 2 Case :- WRIT - C No. - 6378 of 2025 Petitioner :- Smt. Guddi Respondent :- Lucknow Development Authority Lko. Thru. Its Vice Chairman Lko. And 2 Others Counsel for Petitioner :- Mohammad Aslam Khan,Mohammad Adil Khan Counsel for Respondent :- Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Sri Shailendra Singh Chauhan, Advocate has filed his power on behalf of the opposite party Nos.1 and 2, which is taken on record. Heard. The petitioner has initiated proceedings under Section 24 of the Uttar Pradesh Revenue Code, 2006 for demarcation of Plot No.149. During demarcation, the revenue authorities informed the petitioner that on account of the mud lying by the side of the nala, it is not possible to conduct the demarcation, therefore, the petitioner should level the said land. Accordingly, the petitioner started putting some soil on the land, however, the L.D.A. authorities obstructed the said exercise. He says that the land infact is a private land and not recorded as nazul land, as is evident from the report of the Nazul Officer dated 08.05.2025.
Learned counsel for the L.D.A. says that the adjacent land belongs to the L.D.A. Nevertheless, we are of the opinion that if an exercise for demarcation is to be conducted and there is some hurdle on account of the mud lying on the adjacent land, even if it is L.D.A.'s land, however, the counsel for the petitioner disputes this fact, we see no reason as to why the L.D.A. itself cannot facilitate the demarcation by putting soil or permit the petitioner to do so without conferring any right upon the petitioner. It will be more so, if as per Nazul Officer the land in question is not nazul land nor a land belonging to the L.D.A., therefore, it is provided that the S.D.O. concerned shall conduct an on the spot inspection in the presence of officers of the L.D.A. to be deputed for the said purpose and the petitioner and get the matter resolved with the assistance of the authorities of the L.D.A. in the light of what has been stated herein above, positively within fifteen days, thereafter, the demarcation
exercise shall be got conducted as per law if there is no legal impediment. Writ Petition stands disposed of. (Om Prakash Shukla,J.) (Rajan Roy,J.)
Order Date :- 8.7.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench