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2025 DAILYLAW 91055 (ALL)

ARUN BAJPAI v. STATE OF U.P. AND 3 OTHERS

WRIC/30241/2025 · 2025-09-14

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30241 of 2025 Court No. - 29 (SL No.3) HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard learned counsel for the petitioners, Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State-respondents and Shri Anand Prakash Paul learned counsel for respondents 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 quashing the Notice dated 13.07.2025 passed by Respondent No.2 i.e. Incharge Officer (Pravartan-III), Kanpur Nagar in respect of Plot NO. 558/1/W-1(127/558 E 5 W1), Saket Nagar, Juhi Kalan, Kanpur Nagar. ii- Issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 to not evict/demolish the house of the petitioner situated at Plot NO. 558/1/W-1(127/558 E 5 W1), Saket Nagar, Juhi Kalan, Kanpur Nagar" 3. At the very outset, Shri Anand Prakash Paul, 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 Versus Counsel for Petitioner(s) : Neeraj Pal, Pradeep Kumar Counsel for Respondent(s) : Anand Prakash Paul, C.S.C., Pradeep Kumar Tripathi Arun Bajpai .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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 13.07.2025. He 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 28.08.2025 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 28.08.2025 is still pending consideration, the same shall be considered and decided 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 15, 2025 Shubham Arya WRIC No. 30241 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad