HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9587 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the State. 2. This writ petition has been filed by the petitioners for the following reliefs :- (i) Issue a writ, order or direction, preferably in the nature of mandamus, commanding respondent no.2 to 4 not to dispossess the petitioners from their own land or create any hindrance in peaceful possession of the petitioners. (ii) Issue writ or order in the nature of mandamus commanding and directing the respondents to decide the representation of the petitioner by speaking order within short time. (iii) Issue writ or order in the nature of mandamus commanding and directing the respondents for restoration/reversion of petitioner's land in view of the non-payment of compensation and non- utilization of the land by the Development Authority, Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. (iv) Issue writ or order in the nature of mandamus commanding and directing the respondents to grant the necessary No Objection Certificate or requisite clearance without causing any further delay to facilitate the assessment of betterment fees and consequent construction on the petitioners' land. Versus Counsel for Petitioner(s) : Anshuman Singh Counsel for Respondent(s) : C.S.C., Ratnesh Chandra Mohd.Furkan And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Scy./ Prin. Secy. Housing And Urban Planning Lko And 3 Others .....Respondent(s) 3. It is the case of the petitioners that they are the lawful owners and occupants of land bearing Khasra No.10-SA, admeasuring 0.0292 hectares, situated in Village Ujariaon, Tehsil Sadar, District Lucknow and are desirous of constructing residential houses on the said property. They have submitted a formal application to respondent nos.3 and 4, i.e., the Executive Engineer and the In-charge Land Acquisition Officer of Lucknow Development Authority, for issuance of necessary permission and sanction of the building plan. Respondent nos.3 and 4 did not consider the said application of the petitioners despite repeated requests. Consequently, the petitioners approached this Court by filing a writ petition bearing Writ C No. 8697 of 2023 and this Court, vide order dated 10.10.2023, directed the respondents to consider the application of the petitioners and pass a reasoned and speaking order within a period of three months. 4. In compliance of such directions, the petitioners submitted a fresh application along with a copy of the order dated 10.10.2023. Thereafter, the petitioners have received a letter dated 29.02.2024 from the office of Architect-cum-Planning Assistant, Lucknow Development Authority, stating that prior to the assessment of betterment charges, it is necessary to obtain N.O.C. from the Land Acquisition Department of Lucknow Development Authority. 5. However, despite making representations and the matter being referred to the Land Acquisition Department of the Lucknow Development Authority, no decision has been taken till date. 6. Learned counsel for the respondent has pointed out that from the contents of the representation of the petitioners dated 21.10.2023, it appears that the land bearing Khasra No.10, admeasuring 0.0290 hectares, situated in Village Naya Gaon Paschim Nazirabad, District Lucknow, had been acquired by the Lucknow Development Authority and the petitioners are alleging that they continue to be the owners of the said property. Therefore, the issuance of N.O.C. from the Land Acquisition Department is required, as is evident from the letter dated 15.01.2024, a copy of which has been filed at page no. 34 of the paper book. 7. Be that as it may, since the application of the petitioners for WRIC No. 9587 of 2025 2 sanction of building map and for grant of N.O.C. is still pending and has not been finally decided by the competent authority, this writ petition is disposed of with a direction to the Secretary, Lucknow Development Authority, to inquire into the matter with regard to whether Khasra No.10, admeasuring 0.0290 hectares, had been acquired during the land acquisition proceedings or whether it was settled with the tenure holders on payment of development and betterment charges and then take an appropriate decision in the matter. October 8, 2025 Ashish Dewal WRIC No. 9587 of 2025 3 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench