HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11823 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Vakalatnama filed today by Shri Nishant Shukla, learned counsel on behalf of respondents- Lucknow Development Authority is taken on record. 2. Heard learned counsel for the petitioner and Shri Nishant Shukla, learned counsel appearing on behalf of respondents. 3. This petition has been filed with the following prayers :- "(i) Issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 24.11.2025 passed by opp. party no.2 in Case No.853/2025 online Vad Sankhya-LDA/ANI/2025/0005100, Lucknow Development Authority vs. Sri Anoop Kumar and others, as contained in Annexure No.2 to this writ petition. (ii) Any other order, or direction, which this court deem fit and proper under the circumstances of the case in favvour of petitioner be passed in the interest of justice." 4. It has been submitted by the learned counsel for the petitioner that the petitioner is a tenure-holder of Gata No.646, area 0.228 hectare, situated at Village- Rasoolpur Sadat, Tehsil-Bakshi Ka Talab, District- Lucknow. The respondent No.2 issued a show cause notice on 10.09.2025, which was not served upon the petitioner. When the petitioner went to his plot, he came to know about such notice and approached the office of respondent No.2 stating that the show cause notice had been pasted on his Versus Counsel for Petitioner(s) : Mahesh Prasad, Durgesh Kumar Rawat Counsel for Respondent(s) : Ratnesh Chandra Rambilas .....Petitioner(s) Lucknow Development Authority, Lucknow Thru. Vice Chairman And Another .....Respondent(s) plot. After such notice was issued, no opportunity was given to the petitioner and straightaway the impugned order has been passed. It has been submitted that under the newly implemented U.P. Building Construction and Development Bylaws, 2025, approval of map is not required for small residential plots up to 100 sq. mtrs. (approximately 10765 sq. ft.) and commercial plots up to 30 sq. mtrs. (approximately 300 sq. ft.) and also for larger plots specifically residential in nature up to 500 sq. mtrs. and commercial plots up to 200 sq. mtrs, if the Architect certifies that such plot is being used for personal benefit only. 5. It has also been submitted by the learned counsel for the petitioner that the petitioner was not served a notice; rather, his tenants were given notice. 6. We have gone through the order dated 24.11.2025 passed in Case No.853 of 2025 (LDA vs. Anoop Kumar and others, Village- Rasoolpur Sadat, Tehsil-Bakshi Ka Talab, P.S. Indira Nagar, Lucknow) by the Prescribed Authority. We find from the same that it is not 100 sq. mtrs which is involved; the plot in question is 10,000 sq. mtrs on which plotting was being done. The land in question was being used for sub- plotting and for selling to unsuspecting buyers & the enforcement cell had not found any building map sanctioned for the same. After inspection of the plot in question, it submitted its report along with coloured photographs and prima facie, finding a violation of Section 14 of the Uttar Pradesh Urban Planning and Development Act, 1973 (hereinafter referred to as "Act, 1973") and the Master Plan of 2031 as such notice was issued to the occupier of such plot. 7. Shri Nishant Shukla has pointed out that if the petitioner is a tenure- holder and is using the plot in question for agricultural purposes and no plotting has been done by him on his land, i.e. Gata No.646, area 0.228 hectare, then he need not worry and no demolition of agricultural plot can take place. Only constructions made unauthorizedly on agricultural land, which include boundaries for carving out plots to be sold later by way of sub-plotting, can be demolished. 8. It has been pointed out that the order has been passed under Section 27 of the Act, 1973 and the petitioner has a statutory remedy of filing an WRIC No. 11823 of 2025 2 appeal under Section 27(2) of the Act, 1973. Such appeal can be filed within 30 days from the date of knowledge of the order. In this case, the order has been passed on 24.11.2025. We, therefore, dispose of this petition with liberty to the petitioner to approach the appellate authority under Section 27(2) of the Act, 1973. December 5, 2025 Shubhankar WRIC No. 11823 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench