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2025 DAILYLAW 190859 (ALL)

MURLI DHAR GANGWAR v. STATE OF U.P. AND 5 OTHERS

WRIC/35307/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35307 of 2025 Court No. - 9 HON'BLE ARUN KUMAR, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Shri A. K. Mehrotra, learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1 & 2 and Shri D. S. Chauhan, learned counsel for the respondent nos.3, 4, 5 & 6. 3. The present petition has been filed by the petitioner seeking a direction to the respondent no.2 to decide stay application pending in the appeal filed under Section 27(2) of the U.P. Urban Planning and Development Act, 1973. 4. It is contended on behalf of the petitioner that initial demolition order dated 19.03.2020 was not served upon the petitioner and it is after the order dated 25.09.2025, which was received by the petitioner, that he came to know about the order of demolition against which an appeal alongwith stay application has been filed under Section 27(2) of the U.P. Urban Planning and Development Act, 1973, which is pending and during pendency of appeal the offending construction may not be demolished. 5. On the other hand, Shri D. S. Chauhan, learned counsel for the respondent Development Authority contends that pursuant to the order of demolition dated 19.03.2020 the petitioner had filed a compounding map for regularization of his offending construction, which has also been rejected by the order dated 18.08.2025. The appeal filed by the petitioner does not challenge the original order of demolition dated 19.03.2020. Versus Counsel for Petitioner(s) : Anil Kumar Mehrotra, Ashwani Kumar Patel Counsel for Respondent(s) : C.S.C., Dharmendra Singh Chauhan Murli Dhar Gangwar .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) 6. Be that as it may, as the appeal alongwith stay application under Section 27(2) of the Act filed before respondent no.2 is still pending consideration, the present petition is disposed of directing the respondent no.2 to take a decision on the stay application filed alongwith appeal under Section 27(2) of the Act, within two weeks from today, in accordance with law. However, it is provided that till disposal of stay application, no coercive action shall be taken against the petitioner pursuant to the order of demolition. 7. It is clarified that this Court has not expressed any opinion on merits of the case and all issues are left open to be considered by the authority competent, at the first instance. October 14, 2025 Ashok Kr. WRIC No. 35307 of 2025 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad