Disposed

Mohammad Mujbil Alias Mohd. Muzammil v. State of U.P. Thru. Its Prin. Secy. Deptt. of Housing and Urban Planning Lko. and 2 Others

Allahabad HC19 May 2022/2825/2022

Case brief

AI extract

What is this about?

Writ petition alleging illegal construction on adjacent land. Court disposed of the matter without deciding merits, directing the Lucknow Development Authority to conclude proceedings expeditiously with notice and hearing to the alleged constructor.

What did the court decide?

Direction to the Prescribed Authority of Lucknow Development Authority to conduct and conclude the said proceedings as expeditiously as possible with due notice and opportunity of hearing to the perso

Mohammad Mujbil Alias Mohd. Muzammil Vs State… — Municipal and Town Planning | Allahabad HC (2022)

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Court No. - 2

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Case :- WRIT - C No. - 2825 of 2022

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Petitioner :- Mohammad Mujbil Alias Mohd. Muzammil Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Housing And Urban Planning Lko. And 2 Others Counsel for Petitioner :- Amarjeet Singh,Noor Alam Khan,Satvinder Singh Counsel for Respondent :- C.S.C.,Ratnesh Chandra

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Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.

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Heard learned counsel for petitioner and Sri Avnish Kumar Singh, learned counsel for Lucknow Development Authority.

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This petition has been filed with the assertion that some construction is being raised on a land adjacent to the land belonging to the petitioner in violation of the provisions contained in Sections 14 and 15 of U.P. Urban Planning and Development Act. The petitioner has made certain complaints to the Lucknow Development Authority, however, it appears that his grievance has yet not been redressed.

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Our attention has been drawn to a letter dated 08.03.2022 written by the Executive Engineer, Map Cell, Lucknow Development Authority, according to which there is no information available relating to sanction of any map over the land described as property no.444/627, Mallahitola, Barfkhana, Police Station Thakurganj, Lucknow.

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From a perusal of the documents annexed at pages 27 and 28, it appears that some proceedings under U.P. Urban Planning and Development Act have been initiated in respect of alleged illegal construction.

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Accordingly, without entering into the merits of the claim of the petitioner, this petition is disposed of finally with a direction to the Prescribed Authority of Lucknow Development Authority to conduct and conclude the said proceedings as expeditiously as possible. We further direct that the Prescribed Authority shall conduct and conclude the proceedings relating to alleged illegal construction only after due notice and opportunity of hearing to the person who is said to be raising construction.

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Order Date :- 19.5.2022 Renu/-

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Digitally signed by RENU AGARWAL Date: 2022.05.20 10:34:13 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Mohammad Mujbil Alias Mohd. Muzammil v. State of U.P. Thru. Its Prin. Secy. Deptt. of Housing and Urban Planning Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Mohammad Mujbil Alias Mohd. Muzammil v. State of U.P. Thru. Its Prin. Secy. Deptt. of Housing and Urban Planning Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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