The High Court dismissed a writ petition challenging the demolition of tiny units/shops by the Greater Noida Industrial Development Authority. The Court held that disputed facts regarding illegal construction and compensation claims must be determined by a competent civil court, not in writ proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:119598-DB
Court No. - 29
Case :- WRIT - C No. - 24003 of 2024
Petitioner :- Laxman Singh And 6 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Laxmi Kant Shukla Counsel for Respondent :- Anjali Upadhya,C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
"I. Issue a writ, order or direction in the nature of certiorari to quash the impugned reply dated 10.06.2024 by the respondent authority (Annexure no.1).
II. Issue the writ, order or direction in the nature of mandamus commanding the respondent no.2 to give compensation of demolition of Tiny Unit/shops of Rs.3 Crore within stipulated time.
III. Issue the writ, order or direction in the nature of mandamus commanding and directing the respondents authority to reconstruct the tiny unit/shops or permit the petitioner to reconstruct the aforesaid Tiny Unit/shops."
submits that in the absence of any approved plan by the Greater NOIDA Authority, the petitioners cannot seek any reprieve. Moreover, these are disputed facts, which can only be addressed in a competent civil court for compensation.
Order Date :- 26.7.2024 NLY
Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad
3 issues framed by the court
Whether the demolition of illegal constructions was arbitrary and without due process?
Whether the petitioners are entitled to compensation and reconstruction of the demolished units?
Whether the disputed facts regarding illegal construction are maintainable in a writ petition?
1 provisions across 1 enactments
Laxman Singh And 6 Others
State Of U.P. And 4 Others
Mahesh Chandra Tripathi
Prashant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
