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2025 DAILYLAW 157279 (ALL)

ALLAMA ZAMEER NAQVI v. STATE OF U.P. THRU. PRIN. SECY. NAGAR VIKAS, LKO AND 4 OTHERS

/829/2025 · 2025-08-13

Manjive Shukla, Rajan Roy

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47291-DB Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 829 of 2025 Petitioner :- Allama Zameer Naqvi Respondent :- State Of U.P. Thru. Prin. Secy. Nagar Vikas, Lko And 4 Others Counsel for Petitioner :- Ayodhya Prasad Shukla Counsel for Respondent :- C.S.C.,Ratnesh Chandra Hon'ble Rajan Roy,J. Hon'ble Manjive Shukla,J. 1. Heard Shri Ayodhya Prasad Shukla, learned counsel for the petitioner, Ms. Anupma Singh, learned Additional Chief Standing Counsel for the State respondents and Shri Jaiyesh Bhoosreddy, Advocate appearing on behalf of Lucknow Development Authority, Lucknow, whose Power is taken on record. 2. The instant writ petition in the form of Public Interest Litigation has been filed inter alia praying for the following relief :- "i. To issue a writ, order or direction to the opposite parties No 2 to 4 to stop the illegal construction work by OP No. 5. ii. To issue a writ, order or direction to the OP No.1 to 4 to demolish the illegal construction made by Op No. 5 the building known as Firangi Mahal situated near Pata nala Police chowki Aishbagh Idgah Lucknow." 3. Shri Ayodhya Prasad Shukla, learned counsel for the petitioner has submitted that though Lucknow Development Authority, Lucknow had issued a notice to opposite party no.5 under Section 27(1) of the U.P. Urban Planning and Development Act, 1973, but thereafter no action has been taken in respect of the illegal construction. 4. Shri Jaiyesh Bhoosreddy, learned counsel for Lucknow Development Authority, Lucknow has informed to the Court that the proceedings initiated against the opposite party no.5 have already been completed and a final order under Section 27 of the U.P. Urban Planning and Development Act, 1973 has already been passed on 26.12.2024, by which the proceedings have been dropped. 5. We have considered the submissions advanced by learned counsel for the parties and in view of the information provided by Shri Jaiyesh Bhoosreddy, learned counsel for Lucknow Development Authority, Lucknow that the final order in the proceedings against the opposite party no.5 had already been passed on 26.12.2024 and the proceedings have been dropped, we do not find this matter worth consideration. 6. Accordingly, this writ petition is dismissed. 7. However this order will not be understood as expressing any opinion on the merit or validity of the final order dated 26.12.2024 passed under Section 27(1) of the U.P. Urban Planning and Development Act, 1973 by the prescribed authority. . (Manjive Shukla, J.) (Rajan Roy, J.) Order Date :- 13.8.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench