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2025 DAILYLAW 89391 (ALL)

MAIKOO LAL SONKAR v. STATE OF U.P. AND 3 OTHERS

WRIC/29782/2025 · 2025-09-07

Amitabh Kumar Rai, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29782 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner, Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State-respondents and Shri Abhinava Krishna Srivastava, learned counsel for respondent no.2, 3 and 4 - Kanpur Development Authority. 2. The instant writ petition has been filed praying inter alia for the following relief: "i. Issue a writ, order or direction in the nature of Certiorari after calling the records of the case for quashing the notice dated 30.07.2025 (Annexure 9), passed by Officer- in-charge Kanpur Development Authority Kanpur Nagar Respectively. ii. Issue, a writ, order or direction in the nature of mandamus commanding and directing the respondents to disposed the objection and representation dated 08.08.2025 (Annexure 10). Mandamus commanding the respondent to not demolish the house of the petitioner plot no 119 Kalyanpur, Khurd 35H Nai Shivli Road Tehsil and District Kanpur Sadar Kanpur Nagar. iii. Issue, any other writ, order or direction, in favour of the petitioner, as this Hon'ble Court deems fit and proper in the present facts and circumstances of the case, so as to secure the ends of justice or else, the petitioner shall suffer irreparably." 3. At the very outset, Shri Abhinava Krishna Srivastava, learned counsel for the KDA, has raised an objection regarding the maintainability of the writ petition on the ground that nothing has been brought on record to indicate that, at any point of time, any map was approved by the KDA under Sections 14 and 15 of the U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as "the Act, 1973"). It is submitted that the KDA is obligated to ensure that no construction is carried out without such prior approval. Accordingly, a notice was issued by the KDA on 30.07.2025. He Versus Counsel for Petitioner(s) : Fatma Khatoon Counsel for Respondent(s) : Abhinava Krishna Srivastava, C.S.C. Maikoo Lal Sonkar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) further submits that the title over the land in question is also disputed. 4. Confronted with the situation, learned counsel for the petitioner has confined his prayer that objection/application 08.08.2025 may be decided by respondent - KDA expeditiously. 5. Considering the factual situation, and without adverting to the merits of the case, this writ petition is disposed of finally with an observation that in case the objection/representation dated 08.08.2025 is still pending consideration, the same shall be considered and decided expeditiously by the competent authority/KDA, strictly in accordance with law, within six weeks from the date of production of a certified copy of this order. 6. Till the disposal of the aforesaid objection/representation, the parties shall maintain status quo as on today. The petitioner is also restrained from alienating, creating third- party rights, or raising any further construction over the land in question. September 8, 2025 NLY WRIC No. 29782 of 2025 2 (Amitabh Kumar Rai,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad