HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8087 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent no.1 and Shri Ratnesh Chandra, who has accepted notice on behalf of the Opposite party nos.2 and 3. 2. This petition has been filed by the petitioner for the following main prayers:- "i) Issue a writ, order or direction in the nature of Mandamus commanding the Respondent no.1 to constitute a Committee and take appropriate action against the responsible erring officials/ Officers responsible for illegal demolition of the house and boundary wall of the petitioner on the land at issue i.e. Khasra No.419, situated at Gram Uthratiya, Ward-Ibrahimpur, Lucknow, in accordance with law. ii) Issue a writ, order or direction in the nature of Mandamus commanding the Respondent no.2 to appropriately compensate the petitioner for illegally demolishing the house and boundary wall of the petitioner on the land at issue i.e. Khasra No.419, situated at Gram Uthratiya, Ward-Ibrahimpur, Lucknow. iii) Issue a writ, order or direction in the nature of Mandamus Versus Counsel for Petitioner(s) : Shashank Kumar, Prashant Shukla Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Meera Singh .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Housing And Urban Planning Lko. And 3 Others .....Respondent(s) commanding the Respondents to consider the case for adjustment of land bearing Khasra No.419, situated at Gram Uthratiya, Ward- Ibrahimpur, Lucknow, so far as it relates to petitioner, after taking appropriate development charges/fees. iv) Any other relief deemed fit and proper may kindly be passed in favour of the petitioner. v) Kindly allow the writ petition with costs." 3. It has been submitted by the learned counsel for the petitioner that the Awas Vikas Parishad has not followed due process of law and has demolished the boundary wall and house of the petitioner. The brother of the petitioner had purchased part of Plot F-1/1, Area 2500 Sq.ft. and Plot No.F-1/2, Area 2500 Sq.ft. from a Samiti called as Defense Karamchari Sahkari Samiti, by means of two registered Sale Deeds. Such sale deeds were executed in 2004. The mother of the petitioner left for heavenly abode in 2012 and she gave the land to the petitioner by means of an unregistered will. In 2014 the petitioner filed a Regular Suit No.959 of 2014 for declaration regarding ownership of land, the Suit was decreed in her favour on 23.03.2018. 4. The counsel for the petitioner says that since the petitioner is the declared owner of the land, the house constructed by the petitioner thereon could not have been demolished by the Awas Vikas Parishad without following due procedure in law. 5. The counsel appearing for the Awas Vikas Parishad on the basis of instructions, says that Section 28 Notification was issued for the land on 30.07.1983. Section 32 Notification was issued on 24.09.1999. The possession was taken of the land on 22.09.2000, Award was declared on 08.02.2001. The petitioner has got the property in 2004 whereas after acquisition the land vested in the State Government and was transferred in the ownership of Awas Vikas Parishad. 6. The Counsel for the petitioner has also pointed out Page no.38 which is a copy of the judgment rendered by in SCC Suit No.95 of WRIC No. 8087 of 2025 2 2018 [Smt. Meera Singh Vs. Estate of Late Ram Dulari Devi and others]. The defendants in the said Suit were all private persons, Awas Vikas Parishad which was the owner of the property, was not made a party. 7. The writ petition is disposed of with a direction to the petitioner to claim compensation from the Defense Karamchari Sahkari Samiti by filing an appropriate Suit. August 25, 2025 N.PAL WRIC No. 8087 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench