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2025 DAILYLAW 70407 (ALL)

LAYAKRAM AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIC/20866/2025 · 2025-07-06

Mahesh Chandra Tripathi, Vinod Diwakar

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Judgment text

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Neutral Citation No. - 2025:AHC:105528-DB Court No. - 29 Case :- WRIT - C No. - 20866 of 2025 Petitioner :- Layakram And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Pandey Counsel for Respondent :- Aditya Bhushan Singhal,C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard Shri Sunil Kumar Pandey, learned counsel for the petitioners, Shri Ambrish Shukla, Additional Chief Standing Counsel for the State respondent and Shri Shadab Hussain, holding brief of Shri Aditya Bhushan Singhal, learned counsel for respondent no.3. 2. The present writ petition has been filed seeking quashing of the order dated 08.11.2023 passed by respondent no. 3, Yamuna Expressway Industrial Development Authority, Greater Noida, District Gautam Buddh Nagar, against the petitioner in Case No. 328 of 2023, under Section 10 of the Uttar Pradesh Industrial Area Development Act, 1976, for demolition of the petitioner’s house situated at Plot No.3, area 1.9310 hectares, and Plot No. 11, area 0.7270 hectares, in Village Mangroli, Pargana and Tehsil Jewar, District Gautam Buddh Nagar. 3. Learned counsel for the respondents raises a preliminary objection that the petitioner has an alternative remedy of filing an application/appeal before the Appellate Authority, as provided under Regulation 4(ii) of the Yamuna Expressway Authority Demolition Regulations, approved by the Yamuna Expressway Industrial Development Authority (YEIDA) in its Board meeting held on 19.02.2016. 4. Learned counsel for the contesting respondent has placed reliance on the order dated 07.11.2023 passed in Writ C No. 38370 of 2023 (Vijay Kumar and Another vs. State of U.P. and Others), wherein a Coordinate Bench permitted the petitioners therein to file an appeal under Regulation 4(ii) of the Yamuna Expressway Authority Demolition Regulations, approved by YEIDA in its Board meeting held on 19.02.2016. 5. Confronted with this situation, learned counsel for the petitioners submits that the petitioners may be granted liberty to avail the alternative remedy available to them. 6. Considering the facts and circumstances of the case, we are not inclined to keep the matter pending for further consideration. It is, therefore, provided that in case the petitioners file an application/appeal before the Appellate Authority within fifteen days from today, along with an application for interim relief, the same shall be decided in accordance with law, expeditiously. 7. Till disposal of the said application for interim relief, the competent authority is restrained to take any coercive action against the petitioners. 8. With the above observations and the writ petition is disposed of. Order Date :- 7.7.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad