Neutral Citation No. - 2025:AHC:116520-DB Court No. - 29 Case :- WRIT - C No. - 18868 of 2025 Petitioner :- Smt. Sangeeta Singh Respondent :- State of U.P. and 3 others Counsel for Petitioner :- Ashish Singh,Ripu Daman Singh Counsel for Respondent :- C.S.C.,Harshit Pandey Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Sri Ashish Singh, learned counsel for the petitioner, Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for State-respondent nos.1 & 4 and Sri A.P. Paul, learned counsel for respondent nos.2 and 3 and perused the record. 2. The instant writ petition is filed seeking inter alia following reliefs:- "(A) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 24.02.2025 passed by respondent no.2 (Secretary, Prayagraj Development Authority), being arbitrary, illegal and in violation of the principles of nature justice and contrary to the mandatory requirements under Section 27(1) of the U.P. Urban Planning and Development Act, 1973. (B) Issue a writ, order or direction in the nature of mandamus directing the respondents to restore the boundary wall of the petitioner and/or pay appropriate compensation for the illegal demolition carried out on 18.04.2022; (C) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay Rs2 Lakh/year as Mesne profit for the plot in question since the date of demolition i.e. 18.04.2022. (D) Issue a writ, order or direction in the nature of certiorari mandamus commanding the respondents to refrain from taking any further coercive or adverse action against the petitioner's land without following due process of law; (E) Pass such other and further order(s) as this Hon'ble Court may deem just, fit and proper in the facts and circumstances of the case, in the interest of justice." 3. Record reflects that the petitioner had earlier preferred Writ C No.582 of 2024 (Smt. Sangeeta Singh vs. State of UP and 6 others), which was dismissed by a Division Bench of this Court on 24.01.2024. For ready reference, the order dated 24.01.2024 is reproduced herein below:- "1. Since no order prejudicial to the interest of the petitioner has yet been passed by the competent authority, learned counsel for the petitioner comes up with the prayer to withdraw the writ petition. 2. Writ petition is dismissed, accordingly. 3. However, dismissal of the writ petition will not preclude the petitioner from pursuing his grievance before the appropriate forum. 4. Shri A.P. Paul, learned counsel for the respondent, has no objection to the same." 4. Thereafter, the petitioner once again approached to this Court by preferring Writ C No.18482 of 2024 (Smt. Sangeeta Singh vs. State of UP and 5 others), wherein she had prayed following reliefs:- "A. Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to take decision on the representation 21.04.2022, 23.04.2022, 12.02.2024 and 16.02.2024 moved by the petitioner. B. Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to maintain the status quo ante, by constructing the boundary wall as exist earlier over the agricultural land of the petitioner." 5. After hearing the parties, the Division Bench had proceeded to dispose of the aforesaid writ petition vide an order dated 28.05.2024, leaving it open to the petitioner to move a comprehensive representation within a week's time before the Secretary, Prayagraj Development Authority (PDA) and if any such claim is set up, the same would be considered in accordance with law, within two months thereafter. In response to the aforesaid order, the petitioner submitted a comprehensive representation dated 05.06.2024 to the respondent no.2. Finally, the respondent no.2 has passed the order dated 24.04.2025, which is impugned in the instant writ petition. 6. While passing the impugned order, the respondent no.2 had taken an objection that the PDA had never accorded any leave to the petitioner to raise any construction over the land in question, which falls within the peripheral limits of HFL + 500 meters from the River Ganga. Hon'ble High Court in Public Interest Litigation No.4003 of 2006 had already passed a detailed order on 22.04.2011 wherein following directions have been issued:- "We thus direct that no construction shall be undertaken by the Allahabad Development Authority or by any private builders within 500 meters of highest flood level of river Ganges in city of Allahabad as well as part of river Yamuna adjoining the river Ganges (Sangam). The Allahabad Development Authority and the district administration shall ensure that no construction be made in the aforesaid area. We, however, give liberty to any aggrieved person to make appropriate application in this petition with regard to above restrictions, if he feels so aggrieved." 7. Nothing is brought on record to indicate that Hon'ble High Court in its order dated 22.04.2011 had accorded any such relaxation to raise construction within 500 meters of highest flood level of river Ganges in city of Allahabad as well as part of river Yamuna adjoining the river Ganges (Sangam). The impugned order also reflects that no such pleading has been set up before us that the petitioner's alleged construction falls beyond 500 meters of highest flood level of river Ganges. 8. We have asked repeated queries to learned counsel for the petitioner, whether at any point of time the authority has accorded any due permission of sub-division of plot, which falls within 500 meters of highest flood level of river Ganges or accorded permission under Section 14/15 of the Act, 1973. No such response has been furnished by learned counsel for the petitioner. In absence thereof, such disputed fact cannot be pressed in writ petition. 9. In the facts and circumstances, we do not find any infirmity or illegality in the order impugned, which warrants interference in the writ jurisdiction. 10. Accordingly, the writ petition is dismissed. Order Date :- 18.7.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi, J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad