Allahabad High Court
Brijesh Kumar vs State Of U.P. And 2 Others on 23 May, 2025
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:87826-DB Court No. - 21 Case :- WRIT - C No. - 16775 of 2025 Petitioner :- Brijesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R.B.Pal,Sanjay Kumar Pal Counsel for Respondent :- C.S.C.,Tejasvi Misra Hon'ble Manoj Kumar Gupta,J.
Hon'ble Anish Kumar Gupta,J.
1. The petitioner feeling aggrieved by order dated 29.04.2025 passed by In-charge, Enforcement Zone-7, Ghaziabad Development Authority, Ghaziabad under Section 27(1) of U.P. Urban Planning and Development Act, 1973 has filed the instant writ petition.
2. The order records that the petitioner has purchased the Plot bearing No.4, Vrindavan Garden near Aradhna Cinema situated over Khasra no.918, Village- Pasauda, Sahibabad, Ghaziabad by a registered sale deed. He could not produce any sanctioned plan and, therefore, the constructions are illegal and direction has been issued for demolition within fifteen days.
3. The sole submission of learned counsel for the petitioner is that total plot size is 67.31 sq. mtrs. i.e., less than 100 sq. mtrs. and, therefore, in view of Government Order dated 04.01.2008 no sanction of any building plan is required.
4. Shri Tejasvi Misra, learned counsel for GDA has placed on record the instructions received from GDA and in which also it is not disputed that for plots having area less than 100 sq. mtrs., no approval is granted by the Development Authority. However, he submits that since the plot lies in an unapproved colony and, therefore, the constructions were illegal. The same is not the reason for passing the impugned order, as noted above. The impugned order has been passed solely on the ground that there is no sanctioned plan. The Development Authority cannot be permitted to supplement grounds in support of the order under challenge before this court.
5. Concededly, the plea of the petitioner that area being less than 100 sq. mtrs., no approval was required, has not been considered while passing the impugned order. Consequently, the impugned order is hereby quashed. The matter is remanded to the respondent-Development Authority for passing a fresh order strictly in accordance with law.
6. The writ petition stands disposed of accordingly.
(Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 23.5.2025 Ankit.