Neutral Citation No. - 2025:AHC:133491-DB Court No. - 40 Case :- WRIT - C No. - 26410 of 2025 Petitioner :- Sudhir Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Ram Kumar Sinha Counsel for Respondent :- C.S.C.,Raghuvansh Misra Hon'ble Saral Srivastava,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent no.1 and Sri Shivang, Advocate bearing Advocate A/S0970/2024 holding brief of Sri Raghuvanshi Misra, learned counsel for respondent no.2. 2. The petitioner being aggrieved by the notice/order dated 25.06.2025 issued by the Ghaziabad Nagar Nigam, Ghaziabad whereby the Ghaziabad Nagar Nigam, Ghaziabad has directed the petitioner to remove the iron construction raised beyond the land allotted to the petitioner has preferred the present petition. 3. Challenging the aforesaid notice/order, learned counsel for the petitioner has contended that it is evident from the impugned notice/order that land, over which the construction has been raised, has been allotted to the petitioner by Nagar Nigam on a rent of Rs.350/- per month. It is further submitted that petitioner has raised construction only over the land allotted to him. It is contended that petitioner has not raised any construction beyond the area allotted to him. It is further submitted that if petitioner had been given any notice and opportunity of hearing before passing the impugned notice/order, the petitioner would have demonstrated that he has not raised any construction beyond the area allotted to him, and in such view of the fact, the impugned notice/order cannot be sustained in law. 4. Per contra, learned counsel for the respondents would contend that since petitioner has raised construction beyond the area allotted to him which the petitioner cannot do, therefore, Ghaziabad Nagar Nigam has rightly issued notice/order dated 25.06.2025 for removal of construction beyond the area allotted to the petitioner. 5. Be that as it may, in the instant case, it is not in dispute that petitioner has been allotted a land of 8 x 6 square fit near Web Cinema Kaushambi in the year 2006 @ Rs.350/- per month. The possession over the land allotted to the petitioner is a lawful possession and any construction beyond the land allotted to the petitioner cannot be said to be a lawful possession. 6. Before issuing notice in the nature of order directing the petitioner to remove the construction, the authorities are duty bound to determine as to what is the area beyond the land allotted to the petitioner over which the petitioner has raised construction. In the absence of any such determination, the petitioner cannot be directed to remove the construction. 7. For determining the aforesaid question, a notice and opportunity of hearing to the petitioner is necessary inasmuch as direction to remove the encroachment entails civil consequences considering the contention of the petitioner that he has not encroached upon any land of Nagar Nigam. 8. The impugned notice/order reflects that there is no determination by the respondent-authority as to what is the area which has been encroached upon by the petitioner. Further, the impugned notice/order reveals that petitioner has not been afforded any notice and opportunity of hearing before passing the impugned notice/order. However, despite his best effort, learned counsel for the respondents could not demonstrate from the impugned notice/order that any notice or opportunity of hearing was given to the petitioner. 9. In such view of the fact, the impugned notice/order dated 25.06.2025 cannot be sustained in law and is accordingly, set aside with liberty to the respondent no.2-Nagar Ayukt, Nagar Nigam, Ghaziabad to pass a fresh order strictly in accordance with law after giving due notice and opportunity of hearing to the petitioner. 10. Thus, for the reasons given above, the writ petition is allowed with no order as to costs. Order Date :- 7.8.2025 Sattyarth (Arun Kumar Singh Deshwal,J) (Saral Srivastava,J) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad