Neutral Citation No. - 2025:AHC:130917-DB Court No. - 29 Case :- WRIT - C No. - 19054 of 2025 Petitioner :- Awanish Tripathi And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shiv Om Vikram Singh Chauhan Counsel for Respondent :- Anand Prakash Paul,Arun Kumar,C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners, Shri Ambrish Shukla, learned Additional Chief Standing counsel for the State- respondents and Shri Arun Kumar, learned counsel for the respondent - Kanpur Development Authority (KDA). 2. The instant writ petition has been filed praying inter alia for the following relief: "i) Issue a writ, order, or direction in the nature of mandamus, commanding respondent Nos. 2, 3, 4, and 5 not to interfere in the lawful and peaceful possession of the petitioners and not to Interfere in carrying out major repairs of the eastern portion of the residential building and restoration of the already collapsed portion of the residential building situated at premises 13/6-7, Parmat, Kanpur Nagar, admeasuring 3661.13 Sqm, purchased by registered sale deed dated 31.01.1979 (Annexure 1)." 3. At the very outset, Shri Arun Kumar, learned counsel for the KDA, has raised an objection regarding the maintainability of the writ petition on the ground that nothing has been brought on record to indicate that, at any point of time, any map was approved by the KDA under Sections 14 and 15 of the U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as "the Act, 1973"). It is submitted that the PDA is obligated to ensure that no construction is carried out without such prior approval. Accordingly, a notice was issued by the KDA on 28.11.2024. He further submits that in case the petitioners move an appropriate application for raising construction in accordance with the provisions of the Act, 1973 and the building by-laws approved by the KDA, the same shall be duly processed in accordance with law. 4. Considering the factual situation, the submissions advanced by the learned counsel for the parties and the material available on record, this Court finds that the petitioners have not placed on record any document to indicate that they have ever submitted an application for sanction of a building plan or for permission to carry out repairs or reconstruction, as required under Sections 14 and 15 of the U.P. Urban Planning and Development Act, 1973. In the absence of such prior approval, the Kanpur Development Authority is well within its statutory rights to restrain any unauthorized construction or repair activity and to take necessary action in accordance with law. However, it is equally true that if the petitioners are desirous of undertaking any construction or repairs, they are entitled to submit an appropriate application along with the requisite fees, drawings, and documents before the competent authority for approval. In the event such an application is submitted, either under a fresh proposal or seeking modification of an earlier sanctioned plan, the same shall be duly considered and processed by the KDA strictly in accordance with the provisions of the Act, 1973 and the applicable building bye-laws, without any undue delay or harassment. 5. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 5.8.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad