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2025 DAILYLAW 63014 (ALL)

ZAKIR HASAN v. NAGAR NIGAM SAHARANPUR AND 2 OTHERS

WRIC/17106/2025 · 2025-05-26

Anish Kumar Gupta, Manoj Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:89749-DB Court No. - 21 Case :- WRIT - C No. - 17106 of 2025 Petitioner :- Zakir Hasan Respondent :- Nagar Nigam Saharanpur And 2 Others Counsel for Petitioner :- Mohit Kumar Counsel for Respondent :- Anand Prakash Paul,C.S.C.,Jai Bahadur Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instructions furnished by Saharanpur Development Authority, Saharanpur are taken on record. 2. The petitioner claims to be owner of Khasra No. 25, area 1.577 hectares situated at Village Khan Alampura, Link Road, Pargana and Tehsil Saharanpur, District Saharanpur. According to the petitioner, a proposed Master Plan, 2031 was published inviting objections. In the proposed master plan, the subject land was shown as open vacant land/commercial land. However, in the final master plan notified on 15.03.2024 it has been reserved for bus stand. The petitioner is stated to have represented before Saharanpur Development Authority, Saharanpur and the State Government but when no action has been taken, the instant petition has been filed praying for a writ of mandamus commanding respondents no. 2 and 3 to decide the representations of the petitioner dated 14.05.2025 and 27.12.2024. 3. Sri Anil Sharma assisted by Sri Mohit Kumar, appearing for the petitioner submits that since in the proposed master plan the land was shown as open land/commercial land but in the final master plan its use has been changed, therefore, serious prejudice has been caused to the petitioner. He could not get any opportunity to file objection. It is urged that in these circumstances, the State Government may be directed to decide the representations. 4. Sri A.P. Paul, learned counsel appearing for the respondent - Development Authority and Sri Rajiv Gupta, learned Additional Chief Standing Counsel appearing for the State have no objection, in case, the State Government is directed to consider the representations. 5. Accordingly, without expressing any opinion on merits, the writ petition is disposed of with direction to respondent no. 3 to decide the representation dated 14.05.2025 (Annexure-1) within a period of eight weeks from the date of communication of the instant order along with photocopy of the representation after due notice and hearing to the petitioner as well as the Development Authority. 6. The order has been passed in presence of Sri Jai Bahadur Singh, learned counsel appearing on behalf of respondent no. 1. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 27.5.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad