ROYAL LAKE VIEW APARTMENT FLAT OWNERS WELFARE SOCIETY THRU. PRESIDENT AND ANOTHER v. STATE OF U.P. THRU. PRIN.SECY./ADDL. CHIEF SECY. DEPTT. OF HOUSING AND URBAN PLANNING LKO. AND ORS.
WRIC/9114/2025 · 2025-09-16
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165113 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165113 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9114 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents, Ms. Aprajita Bansal, learned counsel for respondent no.3 and Sri Ajay Kumar Singh, Advocate, who has filed his Power today on behalf of respondent no.2-LDA, which is taken on record. 2. This petition has been filed with the following main prayers:-
"(i) issue a writ order or direction in the nature of mandamus commanding the respondent no.3 & 4 to restore electricity supply of petitioners with immediate effect and ensure the electricity supply of petitioners i.e. flat owners continuously from the transformer installed within the premises of project namely Royal Lake View Apartment Haibatmau Mayaiyya Rae- bareli Road Lucknow without any obstruction from the respondent no.7 & 8. (ii) issue a writ order or direction in the nature of mandamus commanding the respondent no.2 to take appropriate action against the illegal construction of multi storey commercial as well as non commercial complex being made over part of Khasara No.1679 A situated in Haibatmau Mayaiyya Rae bareli Road Lucknow without sanction of map and electricity load; Versus Counsel for Petitioner(s) : Devendra Pratap Singh, Prem Shankar Counsel for Respondent(s) : C.S.C., Aprajita Bansal, Ratnesh Chandra Royal Lake View Apartment Flat Owners Welfare Society Thru. President And Another .....Petitioner(s) State Of U.P. Thru. Prin.Secy./Addl. Chief Secy. Deptt. Of Housing And Urban Planning Lko. And Ors. .....Respondent(s)
(iii) issue a writ order or direction in the nature of mandamus commanding the respondents no.2 to take appropriate action against the officers/employees posted in the area for preventing illegal construction in the area where the said illegal without sanction of map multi storey building is being constructed by respondent no. 7 & 8; (iv) issue a writ order or direction in the nature of mandamus commanding the respondent no.2 to 4 to take action against the respondent no.5 & 6 if any willful default is on the part of respondent no.5 & 6 in installation of transformer installed in the premises of project in question instead of harassing the petitioners."
3. It is the case of the petitioners that they are a Society registered under the Societies Registration Act.
They have come before this Court through the President i.e. petitioner no.2 against the inaction of respondent nos.1 to 4 in the matter of illegal constructions being carried out by private respondent nos.7 and 8 of a multi storey building next to Royal Lake View Apartment, Mawaiyya, Raebareli Road, Lucknow. It is the case of the petitioners that respondent nos.7 and 8 are deliberately interfering in the electricity supply made from the transformer of the Electricity Department and on a complaint being made to the Electricity Department, the electricity supply is restored, but it takes a long time in restoration, which results in great hardship to the residents of the Society. It has also been submitted that the petitioners have moved an application before the Vice Chairman, Lucknow Development Authority to look into the sanction of map, which has been done illegally in favour of respondent nos.7 and 8, which is pending. 4. Ms. Aprajita Bansal, learned counsel appearing for respondent no.3- Electricity Department, on the basis of instructions, states that the transformer, that is situated inside the boundary wall of the Royal Lake View Apartment, was temporarily out of order, and has been fixed and electricity supply has been ensured to the Apartment in question. However, it has been submitted that it appears that private respondents no.7 and 8 are interfering and because of their actions, there is repeated breakdown of such transformer. The petitioners have not lodged any FIR against respondent nos.7 and 8 and, therefore, respondent no.3 can only maintain the transformer and the electricity supply line and it does so when a complaint is WRIC No. 9114 of 2025 2
made to it. 5.
We fail to understand why respondent no.3 cannot lodge the FIR against private respondent nos.7 and 8 if they are so sure that private respondents no.7 and 8 are interfering and obstructing the regular electricity supply from the transformer to the petitioners' Apartment, and if they are responsible for repeated breakdown of transformer, which is the property of the Electricity Department, the Electricity Department can certainly lodge the FIR against private respondent nos.7 and 8. 6. Also, we find that the application made by the petitioners to the Vice Chairman, Lucknow Development Authority has not been considered yet. We, therefore, direct that respondent no.2 shall issue notice to respondent nos.7 and 8 and seek their reply with regard to the allegations of illegal constructions being raised by them within one week from the date a certified copy of this order is produced before him. The respondent no.2 shall, after giving reasonable opportunity of hearing to respondent nos.7 and 8, pass an appropriate order or refer the matter to the Prescribed Authority under the U.P. Urban Planning and Development Act. 7. The writ petition stands disposed of. September 16, 2025 Sachin WRIC No. 9114 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench