Tarachand v. Goswami

Heard Sri Anil Kumar Dubey, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Rohit Yadav, holding brief of Sri Sunil Kumar Singh, learned counsel for the respondent Gaon Sabha.

The present petition has been filed seeking a direction to the respondent authorities to ensure removal of illegal encroachment made by encroachers/private respondents over plot no.493 area 1.0250 hectare recorded as Pond (Pokhar); plot no.325M area 0.6960 hectare recorded as Banjar and plot no.521 area 3000 mtr. recorded as Abadi land in the relevant revenue records relating to Village Sultanpur, Section-128 Noida, District Gautam Buddha Nagar.

In pursuance of the direction of this Court, the instruction dated

10.02.2026, sent by the Tehsildar, Dadari, Gautam Buddha Nagar, has been placed before the Court by learned Standing Counsel, which is taken on record.

Perusal of the aforesaid instruction shows that the village in question lies within the territorial limits of Noida Authority and in view of the amendment of provision of sub-section 6 of Section 59 of the U.P. Revenue Code, 2006, the Noida Authority has jurisdiction to take action against the encroachers. It is further stated that the petitioner himself had encroached upon the gram sabha land, for which action against him had been taken by the Noida Authority. 2 WPIL No. 3822 of 2025

In view of the aforesaid, the petitioner is fully aware that the village in question falls within the territorial limits of the Noida Authority but the concerned authority has not been arrayed as party respondent in the present petition. Moreover, the petitioner has remedy to approach the appropriate authority under the relevant provision of U.P. Urban Planning and Development Act, 1973 for redressal of his grievance.

The present petition being misconceived is, accordingly, dismissed. May 18, 2026 Ashok Kr. (Arun Kumar,J.) ASHOK KUMAR High Court of Judicature at Allahabad