Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31541 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J. Heard Sri Rashtrapati Khare, learned counsel for the petitioner and Sri Anurag Sharma, learned counsel for respondent nos. 1 and 2. By means of present petition filed under Article 226 of the Constitution, petitioner has prayed for a writ in the nature of mandamus to command respondent no. 2 to permit the petitioner to carry construction material for the purposes of raising construction through the road falling in defence land, which is adjacent to plot of petitioner. Per contra, learned counsel for the respondent submits that as per instructions obtained by him under the guidelines issued by the ministry of defence that a person who wants to raise construction upon his own land which falls adjacent to the defence land then such person is required mandatorily to obtain no objection certificate from the municipality concerned. Upon a pointed querry being made, learned counsel for the petitioner could not satisfy the Court as to whether any such no objection certificate was obtained from municipality concerned . In the circumstances, we find it appropriate to direct the petitioner first to seek necessary no objection certificate or approval from municipal board Mathura/local body Mathura by moving appropriate application and in circumstances, any such application is moved and in the event municipal board issues no objection certificate, respondent no. 2 shall then proceed to grant necessary permission to the petitioner to utilize road of the defence department for the purpose of carrying building material. With the aforesaid observations and direction, this petition stands disposed of. October 8, 2025 Sanjeev Versus Counsel for Petitioner(s) : Gaurav Khare, Hemendra Gautam, Namita Katara Gautam, Rashtrapati Khare Counsel for Respondent(s) : A.S.G.I., Anurag Sharma ( Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Surendra Pal Singh .....Petitioner(s) Union Of India And Another .....Respondent(s) Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad