Disposed

Sudhir Prakash Shukla v. Kanpur Development Authority

NGT9 Apr 2026Original Application No. 283/2025

Case brief

AI extract

What is this about?

An application alleged encroachment on parks at Kanpur. The Court noted the respondent had initiated demolition proceedings under the TP&DA and an appeal was pending. The Tribunal dismissed the application as no further order was required pending the appeal outcome.

What did the court decide?

No further order required; the case was disposed of as the respondent authority had already initiated action pending the outcome of their appeal.

Sudhir Prakash Shukla vs Kanpur Development Authority — Environment and Pollution | NGT (2026)

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Item No.26

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 283/2025

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Sudhir Prakash Shukla Applicant

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Versus

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Kanpur Development Authority & Ors. Respondent(s)

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Date of hearing: 09.04.2026

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: Mr. Ujjwal Malhotra, Adv. for Applicant (Through VC)

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Respondents: Ms. Sthavi Asthana & Ms. Prakhar Singh, Advocates for Respondent No. 1

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Mr. Bhanwar Pal Singh Jadon, Mr. Shivansh Sharma & Ms. Disha Tiwari, Advocates for Respondents No. 2 to 6.

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ORDER

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In this Original Application (OA), allegation of the applicant is that plot no. 152 located in block W-1, Juhi Kalan, Saket Nagar, admeasuring 3719 sqm and plot no.84/63 situated in Welfare Society, Tezab Mill Campus are parks and that an area of 365.82 sqm was allotted to respondent no.7-Brij Kishore Dubey Smarak Samiti in respect of plot no.152 for construction of community center but he has encroached upon the adjoining park area. A similar allegation of encroachment by respondent no.7 upon an area of plot no. 84/63 has also been made.

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Reply affidavit dated 24.12.2025 filed by Respondent no.1- Kanpur Development Authority reveals that, on demarcation, encroachment in plot no. 152 by respondent no.7 was found and in respect of plot no. 84/63, proceedings under Section 27(1) of the Uttar Pradesh Urban planning and Development Act, 1973 have been initiated.

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The stand of respondent no.1- Kanpur Development Authority in this regard in the affidavit dated 24.12.2025 is as under:

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“5. That while demarcating the community centre and park situated on plot number 152located in block W-1, Juhi Kalan, Saket Nagar, Kanpur City having area 3719 sq.m., the Executive Engineer in charge, Zone-3 of Kanpur Development Authority informed that the area of the community centre situated on the plot in question is currently 735.70 sq.m. construction (permanent/temporary) has been done on 369.88 sq.m. without permission. i.e. additional

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6. That the Chief Town Planner informed that plot number 152 is shown as a park/community centre in the layout available with KDA. The area of the community centre plot is 365.82 square meters, with parks visible to the north, south, and east. The community centre's map on the said plot was approved on 21.11.2008 for a ground floor + first floor + second floor (G+2). However, in deviating from the approved map, an additional third floor (G+3) was discovered on the spot.

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7. That the Officer on Special duty, Sale Zone-3 has informed that the lease deed of the plot in question, No. 152, Block W-1, Scheme No. 2, Juhi Kala, Kanpur Nagar, with an area of 365.82 sq.m., was executed on 26.12.2005 in favour of Dr. Brij Kishori Dubey Memorial Committee through Secretary Akhilesh Dubey, son of R.K. Dubey, resident of 127/U/428, Nirala Nagar, Kanpur Nagar. This lease deed was allotted for 90 years as a building of community centre.

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8. That on the basis of the complaint, a First Information Report was filed by the concerned junior engineer of the Respondent No. 1 on 25.06.2025 against the unauthorized construction done on the plot number-152, Block W-1, Scheme-II, Juhi Kala, Kanpur Nagar, mentioning, "On the basis of the complaint, a site inspection was done under the direction of higher officials. Construction has been done on approximately 500 sq.m. by deviating from the previously prepared and approved map at the site. Action is proposed under Section 27 of the Uttar Pradesh Town Planning and Development Act 1973 as amended in 1997."

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A true copy of the FIR is annexed hereto and marked as Annexure No. 1.

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9. That a show cause notice under section 27 of the Uttar Pradesh Town Planning and Development Act 1973 as amended in 1997 was sent through letter dated 04.07.2025, in which the defendant Shri Akhilesh Dubey and others were given an opportunity to submit their reply by fixing the date of 18.07.2025 for hearing. However, the defendant/his representative neither appeared nor filed any reply to the said show cause notice. A true copy of the Show Cause notice dated 04.07.2025 is annexed hereto and marked as Annexure No. 2.

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10. That to provide another opportunity to the defendant, a hearing notice was again sent through letter dated 22.07.2025, in which the defendant Shri Akhilesh Dubey and others were given an opportunity to submit their reply by fixing the date of hearing on 05.08.2025. However, the defendant/his representative neither appeared nor filed any reply to the said notice. A true copy of the notice dated 22.07.2025 is annexed hereto and marked as Annexure No. 3.

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11. That as the defendant did not submit any reply/records, a demolition notice was issued under relevant section 27 (1) of the Uttar Pradesh Town Planning and Development Act, 1973 as amended in 1997 vide office letter dated 08.08.2025. Through the said notice, the respondent was directed to remove the unauthorized construction and development work within 15 days from the date of receipt of the order. A true copy of the notice dated 08.08.2025 is annexed hereto and marked as Annexure No. 4.

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12. That in pursuance of the said order, the respondent filed a writ petition being WRIT-C No. 29112/2025 Dr. Brij Kishori Dubey Memorial Committee and others vs. State of U.P. and others before the Hon'ble High Court of Judicature at Allahabad which was disposed of vide order dated 26.08.2025. A true copy of the order dated 26.08.2026 is annexed hereto and marked as Annexure No. 5.

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13. That the Respondent No. 7 had preferred an appeal before the Commissioner, Kanpur Region, Kanpur against the order dated 08.08.2025. The said appeal is currently pending. A true copy of the memo of the appeal is annexed hereto and marked as Annexure No. 6.

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14. That with regard to plot no. 84/63 situated in welfare society, Tezab Mill Campus, Kanpur, U.P., the Respondent No. 1 has already

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initiated proceedings under S. 27(1) of the Uttar Pradesh Town Planning and Development Act, 1973which are under process.” 4. Above reply reveals that Kanpur Development Authority has already initiated action by issuing notice of demolition under Section 27(1) of the Uttar Pradesh Urban planning and Development Act, 1973 in respect of plot no. 152 and this notice was challenged by respondent no.7 in WritPetition (Civil) No. 29114 of 2025 before the High Court of Allahabad which has been disposed of by the High Court by order dated 26.08.2025 permitting the respondent no.7 to prefer an appeal and granting the interim protection.

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It has further been disclosed in the reply affidavit of respondent no.1 that respondent no.7 has preferred an appeal before the Commissioner, Kanpur Region against the notice dated 08.08.2025 and appeal is currently pending.

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Requisite action of removal of encroachment is required to be taken by the concerned respondent as soon as the appeal is decided, depending upon the outcome of the appeal.

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Learned Counsel for respondent no.1 has assured that depending upon the outcome of the appeal, further action for removal of the encroachment from the park in question will be taken without any delay.

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Hence, no further order in the OA is required. The OA is accordingly disposed of.

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Prakash Shrivastava, CP

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Dr. Afroz Ahmad, EM

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April 09, 2026 Original Application No. 283/2025 JG.

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Sudhir Prakash Shukla v. Kanpur Development Authority

Case brief

What is this about?

What did the court decide?

Sudhir Prakash Shukla v. Kanpur Development Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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