Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50117-DB Court No. - 21 Case :- WRIT - C No. - 10169 of 2025 Petitioner :- Shilendra Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prem Kumar Chaurasia Counsel for Respondent :- Aditya Bhushan Singhal,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The petitioner has called in question a notice dated 17.3.2025. issued by respondent no. 3 and for a restraint order against respondent no. 3 so that no interference is caused in the possession of the petitioner over the land in respect of which notice dated 17.3.2025 has been issued.
2. The impugned notice mentions that according to a report dated 11.3.2025, it is evident that Khasra No. 126M, area 0.0630 hectare, of Village Thora, Tehsil Jewar, District Gautam Budh Nagar, is notified as 'Industrial Development Area', under the provisions of the U.P. Industrial Area Development Act, 1976. The petitioner is carrying out plotting and had constructed rooms, which is adversely affecting the planned development of the area. Accordingly, he has been called upon to stop the constructions and remove unauthorized constructions raised so far, or submit his reply by 2.4.2025, as to why the constructions should not be demolished.
3. The petitioner has challenged the notice on the ground that the land in question is bhumidhari land of the petitioner and the impugned notice is consequently illegal.
4. We find that the petitioner has already submitted his reply to the impugned notice on 2.4.2025. In our opinion, the same deserves to be decided by the Authority before any coercive action is taken by it against the petitioner.
5. Accordingly, without interfering with the impugned notice, which is in the nature of a show cause, we direct respondent no. 3 to pass a speaking order, taking into
consideration the reply submitted by the petitioner on 2.4.2025, within a period of eight weeks from the date of receipt of a true attested copy of the instant order, along with photocopy of the objection dated 2.4.2025.
6. The petition stands disposed of accordingly.
7. The order has been passed in the presence of Sri Shadab Husain, holding brief of Sri Aditya Bhushan Singhal, learned counsel for the respondent-Development Authority. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)
Order Date :- 8.4.2025/Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad