Gajraj Yadav Vs State of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Revenue Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

Gajraj Yadav Vs State of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Revenue Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Demolition of the premises deferred during pendency of the appeal; appellate authority to decide the appeal expeditiously within six weeks; if the appeal is decided against the petitioner, opposite parties free to proceed as per law without prejudice to further challenge; deferral conditional on petitioner's co-operation in the appeal.

Issue for consideration

Whether the demolition of the petitioner's premises, ordered under Section 27 of the U.P. Urban Planning & Development Act, 1973, should be deferred during the pendency of the petitioner's appeal against the demolition order.

Court's answer

Since the appeal against the demolition order has been filed within time, demolition of the premises, being the subject matter of the appeal, shall be deferred, and the appellate authority shall decide the appeal expeditiously, within a period of six weeks.

Ratio / Principle

If the appeal is decided against the petitioner, it would be open for the opposite parties to proceed as per law, but without prejudice to the rights of the petitioner to raise a further challenge.

Key takeaways

The deferral is conditional on the petitioner co-operating in the pending appeal; if he does not co-operate, it shall be open for the appellate authority to decide the appeal as per law.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Division Bench: Rajan Roy and Brij Raj Singh, JJ.), WRIT - C No. 345 of 2025, Gajraj Yadav v. State of U.P. and others, Order Date 13.1.2025 (Neutral Citation 2025:AHC-LKO:2264-DB): writ petition disposed of. Against a demolition order passed by the prescribed authority under Section 27 of the U.P. Urban Planning & Development Act, 1973, the petitioner had preferred an appeal under Sub-section (2) thereof, which was pending (next date 16.01.2025), while the opposite parties had fixed 17.01.2025 for demolition. Counsel relied on three judgments of the Court (dated 08.09.2020, 08.08.2018 and 27.06.2022 in Writ C no. 13722 of 2020, Writ C No. 25613 of 2018 and Writ C No. 4000 of 2022 respectively) stating that demolition should not be undertaken during pendency of the appeal. The Court held that, as the appeal had been filed within time, demolition of the premises, being the subject matter of the appeal, shall be deferred and the appellate authority shall decide the appeal expeditiously, within six weeks; if the appeal is decided against the petitioner, the opposite parties may proceed as per law without prejudice to the petitioner's right to raise a further challenge; the order is subject to the petitioner's co-operation in the pending appeal.

Neutral Citation No. - 2025:AHC-LKO:2264-DB

Court No. - 2

Case :- WRIT - C No. - 345 of 2025 Petitioner :- Gajraj Yadav Respondent :- State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Revenue Lko. And 4 Others Counsel for Petitioner :- Raj Kumar Mishra Counsel for Respondent :- C.S.C.,Ratnesh Chandra

Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.

Heard.

Against the demolition order passed by the prescribed authority under Section 27 of the U.P. Urban Planning & Development Act, 1973, an appeal has been preferred by the petitioner under Sub-section 2 thereof, which is pending and the next date fixed therein is 16.01.2025, but the opposite parties have fixed 17.01.2025 as the date of demolition.

Learned Counsel for the petitioner relies upon three judgments of this Court dated 08.09.2020, 08.08.2018 & 27.06.2022 passed in Writ C no. 13722 of 2020, Writ C No. 25613 of 2018 & Writ C No. 4000 of 2022 respectively wherein it is stated that demolition should not be undertaken during pendency of the appeal, therefore, he says that the demolition exercise should be deferred. It is informed that the appeal has been filed within time.

If it is so i.e. if the appeal has been filed within time, then the demolition of the premises in question, which is the subject matter of the appeal, shall be deferred and the appeal shall be decided by the appellate authority expeditiously, say within a period of six weeks. If the appeal is decided against the petitioner, it would be open for the opposite parties to proceed as per law but without prejudice to the rights of the petitioner to raise a further challenge.

This order is being passed subject to co-operation by the petitioner in the pending appeal. If he does not cooperate, then it shall be open for the appellate authority to decide the appeal, as per law.

The writ petition is accordingly disposed of.

Order Date :- 13.1.2025/Lokesh Kumar

[Brij Raj Singh, J.] [Rajan Roy, J.]

Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench