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2025 DAILYLAW 179943 (ALL)

ANIL RAJPUT @ ANIL v. LUCKNOW DEVELOPMENT AUTHORITY LUCKNOW THRU. VICE CHAIRMAN LKO. AND ANOTHER

WRIC/12063/2025 · 2025-12-11

Amitabh Kumar Rai, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 12063 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. Vakalatnama filed today by Sri Saurabh Yadav, Advocate on behalf of Lucknow Development Authority is taken on record. This writ petition has been filed with the following prayer :- (i) Issue a writ, order or direction in the nature of Certiorari for quashing the impugned notice dated 13.11.2025 passed by opp. party no.2 in Case No.1088/2025 online Vad Sankhya-LDA/Z5/ANI/ 20250005836, Development Authority V/s Sri Anil Rajput and others, as contained in Annexure No.1 to this writ petition. It is the case of the petitioner that the impugned show cause notice was not served upon him personally. When the petitioner went to his plot, he came to know that some show cause notice had been pasted on the plot. Thereafter, he went to the office of the L.D.A. and found that such notice had been issued under Section 27(1) of the Uttar Pradesh Urban Planning and Development Act, 1973, and a copy of the said show cause notice dated 13.11.2025 has been filed as Annexure No. 1 to the petition. It has also been argued by learned counsel for the petitioner that under the newly implemented U.P. Building Construction and Development Bylaws, 2025, approval of map is generally not required for small residential plots up to 100 sq. mtr. and commercial plots up to 30 sq. mtr. Even larger residential plots up to 500 sq. mtr. and commercial plots up to 200 sq. mtr. do not require map approval if the Versus Counsel for Petitioner(s) : Mahesh Prasad, Durgesh Kumar Rawat Counsel for Respondent(s) : Ratnesh Chandra Anil Rajput @ Anil .....Petitioner(s) Lucknow Development Authority Lucknow Thru. Vice Chairman Lko. And Another .....Respondent(s) architect certifies that such approval is not necessary. The petitioner started construction over his plot in August 2025 after the amended bylaws came into force. The prescribed authority, without giving any opportunity of hearing, has instituted Case No. 1088 of 2025. It has not taken into account the amended bylaws of 2025. The impugned show cause notice also refers to a survey being made on the basis of Google location. Such survey is inadmissible. The contents of the show cause notice are also perverse. There is no plot of 20,000 sq. mtrs. that has been divided into separate plots. Hence this petition. Learned counsel for the L.D.A. submits that there was no means of serving the show cause notice personally on the petitioner, as his address was not available at the site of plotting and his phone number was also not there. On Google survey being conducted and illegal plotting being found to have been done, the recorded tenure holder of the plot in question was issued a show cause notice. Such show cause notice was pasted on the boundary wall of one of the plots. It has also been stated that the writ petition ought not to be entertained as it challenges only a show cause notice, while the prescribed authority has already afforded an opportunity to the petitioner to approach the prescribe authority and file his explanation. We find no ground to interfere, as prayed. Writ jurisdiction is ordinarily not exercised where show cause notices are challenged unless they are shown to be without jurisdiction. The writ petition stands dismissed. December 11, 2025 Ashish Dewal WRIC No. 12063 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench