Nivedita Shahi v. State of U.P. and 2 Others
Case brief
What is this about?
Petitioner sought writ to restrain GNIDA from demolishing construction on purchased plot in regulated area. Court noted lack of map sanction and dismissed petition as acquiescing in petitioner moving appropriate application, directing authorities to proceed under law.
What the court decided
Court No. - 40
Case :- WRIT - C No. - 6850 of 2023
Petitioner :- Nivedita Shahi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Singh,Amit Kumar Asthana Counsel for Respondent :- C.S.C.,Anjali Upadhya
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Manjive Shukla,J.
Heard learned counsel for the petitioner, learned Standing Counsel and Ms. Anjali Upadhyay, learned counsel for respondent nos.2 and 3.
Present writ petition has been preferred for following relief:-
"(A) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in the peaceful possession of plot no.58A situated at Village Bisrakh Jalalpur, Pargana & Tehsil-Dadri, Distt. Gautam Budh Nagar from Gata No.773M area 62 square yard equal to 51.83 square meter and not to trespass therein by any other mode or manner by police aid or by sue of force or otherwise, except in accordance with law."
The grievance of the petitioner is that the respondents-Greater Noida Industrial Development Authority (GNIDA) are attempting to demolish the construction of the petitioner over plot in question, which was purchased by him from erstwhile owner regarding which mutation order has also been passed by the Tehsildar Judicial in Case No.856 of 2022.
Issues for consideration
2 issues framed by the court
Whether writ can be issued to restrain the respondent authority from interfering with or demolishing the petitioner's construction on plot no.58A.
Whether the petitioner should be directed to seek map sanction under the U.P. Industrial Area Development Act, 1976 before construction.
Parties & counsel
- petitioner
Nivedita Shahi
- respondent
State Of U.P.
- respondent
Greater Noida Industrial Development Authority
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- WRIC/6850/2023
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