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Neutral Citation No. - 2025:AHC:35207-DB Court No. - 21 Case :- WRIT - C No. - 7183 of 2025 Petitioner :- Omkar And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Kumar Kesari Counsel for Respondent :- Anjali Upadhya,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,
J.
1. The petitioners have assailed a notice dated 6.11.2024, purportedly issued under Section 10 of the U.P. Industrial Area Development Act, 1976. The notice mentions that the development being undertaken by the petitioners is detrimental to the planned development of the area and they should remove the same within seven days failing which it would be removed by the Authority at the expense of the petitioners.
2. Learned counsel for the petitioners submits that the petitioners have already replied to the said notice on 17.2.2025. He submits that on basis of impugned notice there is eminent threat of the constructions being demolished.
3. Ms. Anjali Upadhyay, learned counsel for the Development Authority submits that the Authority will treat the impugned notice as a show cause notice and will not take any coercive action unless the explanation submitted by the petitioners is decided.
4. Having regard to the said stand, we dispose of the instant petition by providing that the impugned notice shall be treated to be a show cause notice and the explanation submitted by the petitioners shall be duly considered and shall be decided by a speaking order after due opportunity of hearing to them before any coercive action is taken.
5. The petitioners will also not undertake any further development until passing of the final order. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 11.3.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad