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2025 DAILYLAW 93646 (ALL)

SUBHASH CHAND v. STATE OF U.P. AND ANOTHER

WRIC/31455/2025 · 2025-09-16

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31455 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Sri Sunil Kumar Pandey, learned counsel for the petitioner, Sri Ambrish Shukla, Additional Chief Standing Counsel for the State respondent and Sri Aditya Bhushan Singhal, learned counsel for respondent no.2. 2. The present writ petition is preferred for quashing of the order dated 14.07.2015 passed by respondent no. 2, Yamuna Expressway Industrial Development Authority, Greater Noida, District- Gautam Buddh Nagar, through its CEO against the petitioner in Case No.447 of 2024, under Section 10 of the Uttar Pradesh Industrial Area Development Act 1976 for demolition of the construction of the petitioner situated at plot no. 380 area 0.5370 hectare and in Village- Allauddin Nagar, Pargana & Tehsil- Jewar, District- Gautam Budh Nagar. 3. Learned counsel for the respondents raises an objection that against the order of demolition the petitioner has got an alternative remedy to file an application/appeal before the Appellate Authority, provided under regulation 4(ii) of the Yamuna Expressway Authority Demolition Regulations, approved by the Yamuna Expressway and Industrial Development Authority (YEIDA) in its Board meeting dated 19.02.2016. 4. Learned counsel for contesting respondent has placed reliance upon order dated 07.11.2023 passed in Writ C No. 38370 of 2023 (Vijay Kumar and Another vs. State of U.P. and 2 Others) whereby a Co- Versus Counsel for Petitioner(s) : Anil Pratap Singh Raghav Counsel for Respondent(s) : Aditya Bhushan Singhal, C.S.C. Subhash Chand .....Petitioner(s) State of U.P. and Another .....Respondent(s) ordinate Bench had permitted the petitioner to file an appeal under Regulation 4(ii) of the Yamuna Expressway Authority Demolition Regulations, approved by the Yamuna Expressway and Industrial Development Authority (YEIDA) in its Board meeting dated 19.02.2016. 5. Confronted with this situation, learned counsel for the petitioner states that leave may be accorded to the petitioner to avail the alternative remedy available to him. 6. Considering the facts and circumstances we are not inclined to keep the matter pending for consideration. It is therefore provided that in case the petitioner moves an application/appeal before the Appellate Authority within 15 days' time from today alongwith the application for interim relief, we hope and trust that the same would be decided in accordance with law expeditiously. 7. Till disposal of the said application, the competent authority is restrained to take any coercive action against the petitioner. 8. With the above observations and the writ petition is disposed of. September 17, 2025 Ashish Pd. WRIC No. 31455 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad