Chandra Pal Singh Vs State of U.P. and 12 Others — Allahabad HC (2025) — LawSathi Research

Chandra Pal Singh Vs State of U.P. and 12 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no.2 to decide the stay applications pending in Appeal No.1716 of 2025 and Appeal No.1828 of 2023 within two weeks in accordance with law; and interim direction that no coercive action shall be taken against the petitioner in pursuance of the demolition orders till disposal of those stay applications.

Issue for consideration

Whether the Court should direct respondent no.2 to decide the stay applications pending in Appeal No.1716 of 2025 and Appeal No.1828 of 2023 (both under S.27(2), U.P. Urban Planning and Development Act, 1973), and grant interim protection so that no coercive action is taken against the petitioner till such decision.

Court's answer

As the appeal against the demolition order is pending before respondent no.2 since 2023 with no decision even on the stay application, the petition is disposed of with a direction to respondent no.2 to decide the stay applications pending in Appeal No.1716 of 2025 and Appeal No.1828 of 2023 within two weeks, in accordance with law.

Ratio / Principle

Interim protection: till disposal of the stay applications in the pending appeals, no coercive action shall be taken against the petitioner in pursuance of the demolition orders passed against him.

Detailed headnote1 paragraphs

Chandra Pal Singh v. State of U.P. and 12 Others, Writ-C No. 35326 of 2025 (Allahabad High Court, Court No. 9; Arun Kumar J.; decided October 14, 2025): Petitioner sought a direction to respondent no.2 to decide the stay applications pending in Appeal No.1716 of 2025 and Appeal No.1828 of 2023, both filed under S.27(2) of the U.P. Urban Planning and Development Act, 1973, and interim protection from coercive action. Background per the judgment: a demolition order was passed by the competent authority on 16.12.2023 and challenged in Appeal No.1828 of 2023 with a stay application; successive rejections of the petitioner's compounding map (dated 26.09.2023 and 18.12.2024) were set aside in revision by the State Government; on fresh consideration respondent no.4 again rejected the compounding map on 17.07.2025 with a direction to remove the offending construction, prompting Appeal No.1716 of 2025 with a stay application. Held: with the appeal pending since 2023 and no decision even on the stay applications, the petition was disposed of by directing respondent no.2 to decide both pending stay applications within two weeks in accordance with law, and providing that till their disposal no coercive action shall be taken against the petitioner in pursuance of the demolition orders passed against him.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 35326 of 2025

Chandra Pal Singh

.....Petitioner(s)

Versus

State Of U.P. And 12 Others

.....Respondent(s)

Counsel for Petitioner(s) : Arpit Agarwal, Rahul Saxena Counsel for Respondent(s) : C.S.C., Dharmendra Singh Chauhan

Court No. - 9

HON'BLE ARUN KUMAR, J.

Heard Shri Arpit Agarwal, learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1, 2 & 5 and Shri D. S. Chauhan, learned counsel for the respondent nos.3 and 4.

The present petition has been filed by the petitioner seeking a direction to the respondent no.2 to decide stay applications filed in Appeal No.1716 of 2025 and Appeal No.1828 of 2023, filed under Section 27(2) of the U.P. Urban Planning and Development Act, 1973 and till then no coercive action be taken against the petitioner.

It is contended on behalf of the petitioner that the order of demolition was passed by the competent authority on 16.12.2023, which was challenged in Appeal No.1828 of 2023 wherein stay application was also filed. During pendency of aforesaid appeal, the petitioner submitted a compounding map before the respondent no.4, which was rejected by the order of respondent no.4, dated 26.09.2023. The said order was set aside in revision by the State Government and the matter was remanded back to be considered afresh. Pursuant to the remand order, the matter was again considered and compounding map was rejected on 18.12.2024. The said order was again set aside in revision by the State Government with direction to the respondent no.4 to pass a fresh order. By the order dated 17.07.2025 the compounding map of the petitioner has again been rejected and a direction has been issued to remove the offending construction. Against the order dated 17.07.2025 the petitioner has filed an appeal, registered as Appeal No.1716 of 2025, which is accompanied

WRIC No. 35326 of 2025

2

by stay application.

Learned counsel for the respondent nos.3 and 4, on the other hand, has contended that the entire construction raised by the petitioner is without any permission as contemplated under Section 14 and 15 of the Act.

Be that as it may, as the appeal against the order of demolition is pending before respondent no.2 since 2023 and no decision has been taken even on stay application till date, the present petition is disposed of with a direction to respondent no.2 to decide stay applications pending in Appeal No.1716 of 2025 and Appeal No.1828 of 2023, filed under Section 27(2) of the U.P. Urban Planning and Development Act, 1973, within two weeks from today, in accordance with law. However, it is provided that till disposal of stay applications in the aforesaid pending appeals, no coercive action shall be taken against the petitioner in pursuance of the demolition orders passed against him.

(Arun Kumar,J.)

October 14, 2025

Ashok Kr.

Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad