Disposed

Navin Chand Agrawal and Another v. State of U.P. Thur Secy. Urban Dev. Sec. U.P. Lkw. and Anr.

Allahabad HC24 Oct 2019WRIC/33460/2009

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged an impugned order and prayer for issuance of a writ of mandamus directing the respondent Development Authority not to demolish petitioner's construction. The writ petition was disposed of at this stage with observations that the Authority is at liberty to proceed in accordance with the 1973 Act if construction is unlawful, but no demolition exercise

What the court decided

AI extract

Navin Chand Agrawal and Another Vs State… — Pension and Retirement Benefits | Allahabad HC (2019)

¶1

ourt No. - 1

¶2

Case :- WRIT - C No. - 33460 of 2009

¶3

Petitioner :- Navin Chand Agrawal And Another Respondent :- State Of U.P. Thur Secy. Urban Dev. Sec. U.P. Lkw. And Anr.

¶4

Counsel for Petitioner :- Anil Kumar Srivastava,Chandra Shekhar Agnihotri,M.D. Singh Shekhar Counsel for Respondent :- C. S. C.,M.C. Tripathi,Pradeep Kumar Tripathi,Vivek Varma

¶5

Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.

¶6

Rejoinder affidavit filed today is taken on record.

¶7

Heard Sri C.S. Agnihotri, learned counsel for the petitioners and Sri K.K.Dwivedi, Advocate holding brief of Sri P.K.Tripathi, learned counsel for the respondentKanpur Development Authority.

¶8

By means of present writ petition, the learned counsel for the petitioner has prayed for a writ of mandamus commanding respondent no. 2 not to demolish petitioners' construction as existing over the land of plot no. 209/5 area 0.410 hectares.

¶9

The argument advanced by learned counsel for the petitioner is to the effect that the petitioners got the registered sale deed executed by the original tenure holder Krishna Devi through its power of attorney and as a consequence to sale deed executed in favour of the petitioner, the petitioner got possession thereof. The petitioners further claim to be recorded over the land in question and also claim to have raised constructions. It has been further argued that the measurement exercise was earlier carried out by the revenue authorities and objections filed in a proceeding under Section 41 of the U.P. Land Revenue Act, 1901 by the Development Authority, had already been dismissed and was never appealed against.Thus, it is argued that respondents development authority cannot interfere with the possession of the petitioners nor, can proceed to demolish the constructions standing on the land in question.

¶10

In a counter affidavit filed by development authority it claims also ownership in which development authority has already carried out constructions and development work.

¶11

Be that as it may, there is procedure prescribed under the U.P. Planning and Development Act, 1973 which empowers the development authority to proceed in

¶12

accordance with law in case if any construction is found to be made either on the land of the development authority or in violation of the development plan.

¶13

In such view of the matter, this writ petition is disposed of at this stage with the observations that development authority is at liberty to proceed in accordance with law and as per provisions as contained under the Act of 1973 if some construction work is carried out by the petitioner against the provisions of law or against development plan or without any sanctioned plan. However, no demolition exercise shall be carried out except in accordance with law and the procedure prescribed for such purposes.

¶14

Order Date :- 24.10.2019 Sanjeev

¶15

(Ajit Kumar,J.) (Ramesh Sinha,J.)

Navin Chand Agrawal and Another v. State of U.P. Thur Secy. Urban Dev. Sec. U.P. Lkw. and Anr.

Case brief

What is this about?

What the court decided

Navin Chand Agrawal and Another v. State of U.P. Thur Secy. Urban Dev. Sec. U.P. Lkw. and Anr.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohd. Wasi Vs State of U.P. and Others

Jiyuth and Another Vs State of U.P. Thru Secy. and Others

Yashveer Singh Vs the Union of India and 3 Others

Smt. Nita Devi Vs State of U.P. and Others

Chandra Bhan Vs State of U.P. and Others

Kasganj Educational Society and Another Vs State of U.P. and Others