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2025 DAILYLAW 85926 (ALL)

RAJENDRA AND 5 OTHERS v. STATE OF UP AND 4 OTHERS

WRIC/27350/2025 · 2025-08-12

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137843-DB Court No. - 29 Case :- WRIT - C No. - 27350 of 2025 Petitioner :- Rajendra & 5 Ors Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Abhishek Gupta,Chandra Bhan Gupta Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard Sri Abhishek Gupta, learned counsel for the petitioners and Shri Kaushalendra Nath Singh, learned counsel for the respondent no.2, Shri Devesh Vikram, learned Additional Chief Standing Counsel for the State-respondents. 2. Petitioners are aggrieved by the demolition notice issued to them by the respondent-New Okhla Industrial Development Authority on the ground that their constructions are old. They have alleged that though the notice dated 09.05.2025 has been replied by the petitioners, yet a decision has not been taken so far and the respondent-NOIDA has demolished the old construction even without considering the objection of the petitioners. 3. Learned counsel for the respondent–NOIDA submits that the objections raised by the petitioners shall be duly considered, and a reasoned and speaking order shall be passed thereon, strictly in accordance with law, before taking any further action in the matter. 4. In view of the stand taken by the respective parties, this Court considers it appropriate to dispose of the writ petition with the direction that the petitioners shall, within one week from today, submit in the office of the Chief Executive Officer, NOIDA, a copy of their reply to the impugned notice along with a certified copy of this order. Upon receipt thereof, the competent authority of NOIDA shall ensure that the petitioners' objections are examined objectively and decided by a reasoned and speaking order within a further period of four weeks. It is further directed that no coercive measures, including demolition or allied action, shall be undertaken until a final decision on the petitioners' objections is taken and communicated to them. 5. It is clarified that all factual and legal issues raised on behalf of the petitioners are left open for consideration by the competent authority at the first instance, and this Court has not expressed any opinion on the merits of the same. 6. The writ petition stands disposed of accordingly. Order Date :- 13.8.2025 A. Tripathi Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad