Lalit Kumar Tiwatri vs State of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Revenue Govt. of U.P. Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

Lalit Kumar Tiwatri vs State of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Revenue Govt. of U.P. Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Demolition of the premises deferred while the petitioner's timely-filed appeal against the demolition order remains pending; appellate authority directed to decide the appeal expeditiously, say within six weeks; if decided against the petitioner, opposite parties may proceed as per law without prejudice to a further challenge by the petitioner.

Issue for consideration

Whether the demolition of the premises, which is the subject matter of the appeal pending against the demolition order under Section 27 of the U.P. Urban Planning & Development Act, 1973, should be deferred while the appeal remains undecided.

Court's answer

If the appeal against the demolition order has been filed within time, the demolition of the premises in question (which is the subject matter of the appeal) shall be deferred, and the appellate authority shall decide the appeal expeditiously, say within six weeks.

Ratio / Principle

If the appeal is decided against the petitioner, the opposite parties may proceed as per law, but without prejudice to the petitioner's right to raise a further challenge.

Key takeaways

The deferral is conditional on the petitioner's cooperation in the pending appeal; if he does not cooperate, the appellate authority may decide the appeal as per law.ratio¶8

Detailed headnote1 paragraphs

Writ Petition (WRIT - C No. 390 of 2025), High Court of Judicature at Allahabad, Lucknow Bench (Rajan Roy and Brij Raj Singh, JJ.), decided 13.1.2025: Demolition ordered by the prescribed authority under Section 27 of the U.P. Urban Planning & Development Act, 1973 was stayed/deferred because an appeal under Sub-section (2) thereof, filed within time, was pending (next hearing 16.01.2025) while the opposite parties had fixed 17.01.2025 for demolition. Court held that where the appeal has been filed within time, demolition of the premises forming the subject matter of the appeal shall be deferred and the appellate authority shall decide the appeal expeditiously, say within six weeks; if the appeal goes against the petitioner, the authorities may proceed as per law without prejudice to his right of further challenge. The deferral was made conditional on the petitioner's cooperation in the appeal. Counsel for the petitioner relied on three prior judgments of this Court (Writ C nos. 13722 of 2020 dt. 08.09.2020; 25613 of 2018 dt. 08.08.2018; 4000 of 2022 dt. 27.06.2022) stating that demolition should not proceed during pendency of the appeal. Petition disposed of.

Neutral Citation No. - 2025:AHC-LKO:2279-DB

Court No. - 2 Case :- WRIT - C No. - 390 of 2025 Petitioner :- Lalit Kumar Tiwatri Respondent :- State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Revenue Govt. Of U.P. 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