Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 81127 (ALL)

SMT. SABA ASLAM v. THE CHAIRMAN, KANPUR DEVELOPMENT AUTHORITY AND 6 OTHERS

WRIC/25484/2025 · 2025-08-03

Mahesh Chandra Tripathi, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:129964-DB Court No. - 29 Case :- WRIT - C No. - 25484 of 2025 Petitioner :- Smt. Saba Aslam Respondent :- The Chairman, Kanpur Development Authority And 6 Others Counsel for Petitioner :- Anupam Kulshreshtha Counsel for Respondent :- Anand Prakash Paul,C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard learned counsel for the petitioner, Shri Fuzail Ahmad Ansari, learned standing counsel for the State-respondents and Shri A.P. Paul, learned counsel for the respondent - Kanpur Development Authority (KDA). 2. The petitioner has invoked the writ jurisdiction of this Court for enforcement of the order dated 23.02.2022 passed by the Executive Engineer, Kanpur Development Authority, Kanpur, whereby demolition of the construction raised over property No. 89/305A, situated at Gurbatullah Park, Deputy Ka Parav, Kanpur Nagar, District Kanpur Nagar, was directed. 3. Shri A.P. Paul, learned counsel for the respondent – Kanpur Development Authority (KDA), has placed detailed instructions on record. He submits that respondent No. 7 had preferred an appeal against the aforesaid order dated 23.02.2022 under the U.P. Urban Planning and Development Act, 1973 (in short, "the Act, 1973"), which was rejected by order dated 02.09.2024. It is stated that respondent No. 7 had an efficacious statutory remedy available under Section 41 of the Act, 1973, and accordingly, has invoked the revisional jurisdiction. Since the matter is now pending before the revisional authority, it is submitted that no direction may be issued at this stage for enforcement of the original order dated 23.02.2022. However, he clarifies that, at the appropriate stage, and in the absence of any legal impediment, the KDA shall take necessary steps to enforce its order dated 23.02.2022. 3. Learned counsel for the petitioner, in view of the said instructions, states that the instant writ petition may be dismissed as not pressed. 4. Accordingly, the writ petition is dismissed as not pressed. Order Date :- 4.8.2025 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad