Neutral Citation No. - 2025:AHC-LKO:45993-DB Court No. - 2 Case :- WRIT - C No. - 7403 of 2025 Petitioner :- M/S Hindustan Construction Thru. Partners Khuram Beg And Faisal Beg And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Housing And Urban Planning Lko And 5 Others Counsel for Petitioner :- Manoj Kumar Mishra,Divya Dwivedi,Piyush Tripathi,Rahul Kant Mishra Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Vakalatnama filed by Sri Dr. Lalta Prasad Mishra, Advocate on behalf of the petitioners today is taken on record. Heard Shri Dr. L. P. Mishra, learned counsel for the petitioners, learned Standing Counsel for the State-Respondent nos.1,5 and 6 and Shri Ratnesh Chandra, who appears on behalf of respondent nos.2 to 4. This petition has been filed by the petitioners with the following main prayers : "(i) Issue a writ, order or direction in the nature of mandamus commanding directing the respondents especially respondent nos. 3 & 4 to recall sealing order dated 12.1.2024 passed under section 28(A) of Uttar Pradesh Urban Planning and Development Act, 1973. passed in Case No. 10/2024 online case LDA/ANI/2023/0001013 Lucknow Development Authority Versus Mohd. Tausiq & Others" in respect to plot bearing No. B- 98A measuring area 990.73 sq. meters situated at Vibhuti Khand, Gomti Nagar, Lucknow, till consideration of the compounding application dated 15.7.2025, Contained as Annexure no. 1 & 2 to this writ petition, in the interest of justice. (ii) To issue a writ, order or direction in the nature of nature of Mandamus, thereby directing the respondent nos. 3 and 4 not to carry out any demolition activity in respect of the petitioners commercial building situated on Plot No. B-98A, admeasuring 990.73 sq. meters, located at Vibhuti Khand, Gomti Nagar, Lucknow, during the pendency of the compounding application dated 15.7.2025 contained as Annexure no. 2 to this writ petition, in the interest of justice. (iii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 1 i.e. Principal Secretary, Department of Housing and Urban Planning, Government of U.P., Civil Secretariat, Lucknow to decide stay application/ interim application of revision of the Petitioners under section 41 (3) of Uttar Pradesh Urban Planning and Development Act, 1973 dated 10.7.2025 titled as "M/s Hindustan Construction & Another Versus Chairman LDA, Lucknow & Others" which is pending before him as expeditiously as possible or within a period as stipulated by this Hon'ble Court, contained in annexure no. 20 to this writ petition, in the interest of justice. (iv) Issue a writ a writ, order or direction in the nature of mandamus commanding and directing the respondents especially respondent no. 3 & 4 to not to take any coercive action against the petitioners till the disposal of stay application/ interim application or revision under section 41 (3) of Uttar Pradesh Urban Planning and Development Act, 1973 dated 10.7.2025 titled as "M/s Hindustan Construction & Another Versus Chairman LDA, Lucknow & Others." After some arguments, learned counsel for the petitioners pointed out that the petitioners had submitted an application to the Vice Chairman, Lucknow Development Authority, Lucknow requesting that their application for compounding be considered in accordance with the Government Orders and Regulations currently in force. A copy of this application has been annexed as Annexure No.2 to the writ petition. It has also been submitted that on the top right- hand corner of the said application, the Vice Chairman, Lucknow Development Authority has marked the application to the Chief Town Planner, Lucknow directing him to process the compounding application. Pursuant to this direction, the Assistant Engineer (Map Cell), LDA sent a communication dated 18.07.2025 to the petitioners, a copy of which has been annexed as Annexure No.20 to the writ petition. In this communication, it has been stated that since 5th and 6th floors of the building in question have been found to be in violation of regulations and are liable to be demolished, such demotion should be carried out and only thereafter the amended compounded plan may be submitted. Learned counsel for the petitioners says that in pursuance of an order dated 12.01.2024 passed by the Competent Authority, Lucknow Development Authority, Lucknow, the building in question has been sealed. Thereafter, the petitioners cannot carry out the proposed demolition or submit an amended plan unless the sealing of the premises is first removed. Only after the seal is removed, the petitioners can proceed with the demolition of the 5th and 6th floor of the building in question. Learned counsel appearing for the petitioners undertakes that if the seal is removed within a period of one week, the petitioners shall demolish the 5th and 6th floors of the building in question within a period of two months and submit an amended compounding plan thereafter. Since the relief claimed in the instant writ petition is limited to the extent of the aforesaid submissions, we dispose of this writ petition with a direction to the respondent no.3, Vice Chairman, Lucknow Development Authority, Lucknow to allow the premises in question to be opened only for the purpose of demolition of the 5th and 6th floors, which have been found to be in violation of the regulations. The demolition shall be carried out by the petitioners or their contractors if any, under the supervision of the Junior Engineer of the concerned area. The order removing the seal shall also nominate an officer, who shall remain present to supervise the said demolition. After the demolition is carried out, the petitioners may submit a fresh application with an amended compounding plan which shall be processed in accordance with law. Order Date :- 7.8.2025 Mahesh Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench