Neutral Citation No. - 2025:AHC:143444-DB Court No. - 29 Case :- WRIT - C No. - 26356 of 2025 Petitioner :- Anil Kumar Agarwal And Another Respondent :- Housing Commissioner Up Avas Evam Vikas Parishad And 6 Others Counsel for Petitioner :- Hitesh Pachori Counsel for Respondent :- C.S.C.,Nipun Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Kshitij Shailendra,J. 1. Heard Mr. Hitesh Pachori, learned counsel for the petitioners, Mr. Ajeet Singh Rana, learned Additional Chief Standing Counsel for the State-respondents, Mr. Ravi Kumar Agarwal, learned counsel for the U.P. Avas Evam Vikas Parishad and perused the material brought on the record. 2. The present writ petition is preferred for commanding a direction to the respondent No.5 i.e. Executive Engineer, Construction, U.P. Avas Evam Vikas Parishad, Sikandra Complex, Agra and his subordinate staff not to disregard the approval of the modified layout map, sanctioned by the respondent No.3 of the land 0-3-0 hectare, situated in BS-5. Alternatively, it has also been pressed that a suitable direction may be given to the respondent No.1 to decide the representation dated 23.06.2025 within a stipulated time as this Court may deem it to fix. 3. The record in question reflects that the U.P. Avas Evam Vikas Parishad initiated acquisition proceedings in the year 1990. However, in those proceedings, possession of 0-3-0 Bigha of land in Khasra Nos. 1096 and 1097 was not taken due to the existence of a boundary wall on the disputed property. Consequently, the said land was not acquired by the Parishad. 4. Learned counsel for the petitioners submits that in the present case, the petitioners are the owner of 0-3-0 Bigha of land situated in Khasra Nos. 1096 and 1097. A layout plan for the said land was initially approved and subsequently modified on 25.05.2010. However, due to a boundary wall dispute, the petitioner has been unable to undertake complete construction over the property in disputed precisely in accordance with the approved layout plan by the U.P. Avas Evam Vikas Parishad. Learned counsel for the petitioners submits that the despite repeated requests and representations made to the U.P. Avas Evam Vikas Parishad and the concerned Revenue Authorities, the actual demarcation of the land has not yet been carried out. 5. On the other hand, Mr. Ravi Kumar Agarwal, learned counsel for the U.P. Avas Evam Vikas Parishad, in support of his submission, has placed reliance upon the instructions dated 13.08.2025, issued by the Executive Engineer, U.P. Avas Evam Vikas Parishad. He fairly submits that various illegal encroachments and unauthorized constructions have been carried out over the disputed site. He further submits that necessary correspondence has already been made with the concerned Revenue Officials for the purpose of actual demarcation of the holding. However, for reasons best known to them, such demarcation has not been ensured till date. He candidly states that even if the Avas Evam Vikas Parishad itself holds some portion of land over the disputed site, the exact demarcation of the Authority's holding has also not been carried out at the site. Consequently, despite the approval of the layout/map, the Authority is not in a position to permit the petitioners to undertake any developmental activity over the property in question." 6. Considering the factual matrix of the case and the relief as has been prayed for by the petitioners, it is observed that although the U.P. Avas Evam Vikas Parishad has approved the layout plan but in the absence of actual demarcation and on account of certain encroachments over the disputed site, the petitioner has not been able to commence the construction work. 7. In view of the above, we hereby direct the District Magistrate, Agra, to depute the concerned Sub-Divisional Magistrate who, along with the Revenue Officials, shall ensure the actual demarcation of the petitioner's holding. Such demarcation shall be carried out in the presence of the petitioners as well as senior officials of the U.P. Avas Evam Vikas Parishad. The aforesaid exercise shall be carried out within a period of two months from the date of production of a certified copy of this order. 8. With the aforesaid observations, the instant petition stands disposed of. Order Date :- 21.8.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad