M/S UTTAM STEELS AND ASSOCIATES AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIC/12895/2025 · 2025-04-28
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49386 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49386 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:65833-DB Court No. - 21 Case :- WRIT - C No. - 12895 of 2025 Petitioner :- M/S Uttam Steels And Associates And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shivam Agarwal,Tanu Shree Counsel for Respondent :- C.S.C.,Dharmendra Singh Chauhan Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
1. The present petition has been filed for the following relief: -
"Issue a writ, order or direction in the nature of mandamus commanding the respondents to remove the illegal encroachment over the Hi-tech Township situated at Tehsil Dadri District Gautam Buddh Nagar being developed in accordance with the revised detailed project report (DPR) dated 06.09.2022 in compliance with the government order dated 07.04.2021."
2. The case of the petitioners is that they have been allotted a project for development of Hi-tech Township over a large parcel of land comprising of Villages Bhogpur, Dattwali, Chamarawali Ramgarh, Kaimarala Charasenpur & Beel Akbarpur, situated in Tehsil Dadri, District Gautam Budh Nagar in the year
2006. A detailed project report was submitted by the Consortium (petitioner no. 1) before Ghaziabad Development Authority, Ghaziabad and it is stated that the same was approved by order dated 8.2.2008. It is also stated that in due course of time, a new development authority in the name of Bulandshahr-Khurja Development Authority came to be established. It is also alleged that a development agreement dated 7.7.2008 was executed between the Development Authority and the Consortium. The case of the petitioners is that a lease deed dated 5.10.2012 was executed in favour of petitioner no. 1 for area admeasuring 8.589 hectares and 7.879 hectares of Village Beel Akbarpur Tehsil Dadri, District Gautam Budh Nagar. The Development Authority approved revised DPR on 6.9.2022 reducing the area from 2504 to 1660 Acre. The map submitted in pursuance of revised DPR is yet to be approved by the Development Authority. The petitioners have planned several
units which includes built-up, fair way, plots and industrial plots over the land which is part of the Hi-tech Township. On 7.4.2021, a government order was issued whereby the previous policy relating to development of Hi-tech Township was abolished, but the townships which were approved in the past, were exempted from its purview.
Under the said government order, vide paragraph 4(16), it was provided that the unauthorized constructions within Hi-tech Township would be removed by the Development Authority and the District Administration. The petitioners are stated to have filed a representation before Vice Chairman, Bulandhashr Development Authority, giving list of unauthorized constructions and the persons to whom they belong. It is stated that the Development Authority has not done the needful and therefore the instant petition has been filed. 3. Learned counsel for the petitioners submits that the respondent-Development Authority be directed to remove the illegal encroachments in terms of paragraph 4(16) of G.O. dated 7.4.2021. 4. We find that in the petition, the specific details of any illegal encroachments has not been given, nor any private person who is allegedly in illegal occupation, or has raised any unauthorized construction, has been impleaded. Learned counsel for the petitioners placed reliance on the representation wherein a chart has been given mentioning details of various illegal constructions. A perusal thereof reveals that in respect of certain persons, the case number of the proceeding filed against them, has been mentioned. In respect of certain other constructions, only the names of persons to whom the same belongs to and the extent of constructions, has been mentioned, but the details of the proceedings, has not been given. 5. If there is any illegal construction, the person concerned has to be given due notice and thereafter proceeding has to be initiated as provided under law for demolition of the illegal constructions. As the details of the same have not been given in the writ petition, therefore, we are not inclined to issue a blanket order as prayed for in the writ petition, as it would seriously affect the interest of persons who are not even before this Court. 6.
We therefore refrain from issuing any direction but leave it open to the petitioners to approach the Development Authority for doing the needful in terms of G.O. dated 7.4.2021, if so advised, and in which event, the Development Authority will act strictly in accordance with law. 8. The petition stands disposed of accordingly. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 29.4.2025 Jaideep/- Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad