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2025 DAILYLAW 58980 (ALL)

DR. MOHAMMAD MIYAN MIRZA v. STATE OF U.P. AND 2 OTHERS

WRIC/15933/2025 · 2025-05-18

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83026-DB Court No. - 21 Case :- WRIT - C No. - 15933 of 2025 Petitioner :- Dr. Mohammad Miyan Mirza Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anshul Kumar Singhal,Kuldeep Kumar Mishra,Syed Mansoor Abid Counsel for Respondent :- C.S.C.,Vibhanshu Vaibhav Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The petitioner is aggrieved by orders dated 19.11.2024 and 03.12.2024 passed by respondent no.3 i.e., Secretary, Aligarh Development Authority, Aligarh in exercise of powers under Section 28(1) and (4) and 28-A(1) of U.P. Urban Planning and Development Act, 1973. The competent authority-ADA by the said order has held that the constructions being undertaken by the petitioner are contrary to the usage prescribed under the Master Plan. At the time of inspection, the petitioner could not show any approved building plan. 2. Learned counsel for the petitioner submits that there was deemed approval of the building plan and that the constructions are strictly in accordance with the prescribed usage in the Master Plan. He seeks liberty to file objections and to apply for revocation of the aforesaid orders. 3. Accordingly, we dispose of the instant petition with liberty to the petitioner to file objections/pray for revocation of the impugned orders and in which event, respondent no.3 will consider the objections and, after hearing the petitioner, will pass a speaking order strictly in accordance with law. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 19.5.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad