Disposed¶10

Devki Jain @ Devki Gupta and 2 Others v. Noida Industrial Development Authority and 2 Others

Allahabad HC16 Jan 2025WRIC/986/2025

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What is this about?

Allahabad High Court, WRIT - C No. 986 of 2025, Devki Jain @ Devki Gupta v. Noida Industrial Development Authority, decided 20.1.2025 (Manoj Kumar Gupta and Anish Kumar Gupta, JJ.); Section 10 U.P. Industrial Development Act 1976; demolition of construction; reply dated 03.1.2025 undecided; no coercive action pending final order; restraint on further construction; writ disposed.

What did the court decide?

Direction to the respondent-Authority to pass final order on the impugned notice after considering the petitioners' reply dated 03.1.2025; no coercive action in pursuance of the impugned order until such order is passed; petitioners restrained from raising any further construction. ¶10

Devki Jain @ Devki Gupta and 2 Others vs Noida… — Municipal and Town Planning | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:9233-DB

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl. No. 34)

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Court No. - 21

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Case :- WRIT - C No. - 986 of 2025

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Petitioner :- Devki Jain @ Devki Gupta And 2 Others Respondent :- Noida Industrial Development Authority And 2 Others Counsel for Petitioner :- Adarsh Bhushan Counsel for Respondent :- Kaushalendra Nath Singh

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.

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The petitioners have prayed for quashing of order dated 30.12.2024 passed by respondents no. 2 and 3 in purported exercise of powers under Section 10 of U.P. Industrial Development Act, 1976. The submission is that by the aforesaid order, on one hand the petitioners were required to remove the offending construction and at the same time, they were also required to submit their explanation failing which further proceedings would be undertaken. He submits that the petitioners have filed their reply on 03.1.2025 but without deciding the same, the respondent authorities are in a great hurry to demolish the construction of the petitioners.

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Sri Kaushalendra Nath Singh, learned counsel appearing for the respondent Development Authority submits that the Authority will pass order taking into consideration the objection of the petitioners dated 03.1.2025 and until decision is so taken, no coercive action shall be taken in pursuance of order dated 30.12.2024. He further submits that at the same time the petitioner should also not raise any further construction.

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Having regard to the aforesaid stand, we dispose of the instant petition by providing that the respondent-Authority shall pass final order in pursuance of the impugned notice taking into consideration the reply dated 03.1.2025 and until such an order is passed, the respondent-Authority shall not take any coercive action in pursuance of the impugned order. At the same time, the petitioners are also restrained from raising any further construction.

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Order Date :- 20.1.2025

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Kirti

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(Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.)

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Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad

Devki Jain @ Devki Gupta and 2 Others v. Noida Industrial Development Authority and 2 Others

Case brief

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Devki Jain @ Devki Gupta and 2 Others v. Noida Industrial Development Authority and 2 Others

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