Dhairya Shakti Vaibhav And Another v. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Housing And Urban Planning, Lko

1. We have heard Shri H.G.S. Parihar, learned Senior Advocate assisted by Ms. Meenakshi Singh Parihar, for the petitioners and Shri Ratnesh Chandra, who appears on behalf of the LDA and the learned Standing Counsel who appears for the State-respondent.

2. This petition has been filed by the petitioners with the following prayers:- " (i) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned decision no. 185/29 taken in the 185th Board Meeting dated 05.08.2025 of the Lucknow Development Authority, so far relates to the petitioners, as contained in ANNEXURE NO. 1 to the Writ Petition. (ii) Issue a writ, order or direction in the nature of certiorari thereby quashing consequential publication of map published by e-tender notice, wherein the existing building of the petitioner has been declared/shown as encroachment, as contained in ANNEXURE NO. 2 to the Writ Petition. (iii) Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties not to create any hindrance over the construction of the house and its peaceful enjoyment by the petitioners and not to proceed further on the basis of land acquisition done vide Notification dated as contained in 05.09.2000 and 16.02.2001 as contained in ANNEXURE NO. 4 and 8 to the Writ 2 WRIC No. 11134 of 2025 Petition. (iv) Any other suitable writ, order or direction which this Hon'ble Court deem fit and proper in the facts and circumstances of the case, may also be passed in favour of the petitioners. (v) Award the cost of writ petition in favour of the petitioners."

3. It is the case of the petitioners that their father Late Dinesh Kumar, had constructed a house on Khasra No.227 which was a large piece of land of which 9400 Sq.ft. has been procured by their father by means of a registered Sale Deed from the erstwhile tenure holder.

4. The land was proposed to be acquired and Section 4/17 Notification was issued on 05.09.2000. After such Notification was issued, a notice was published in the Newspapers by the then Vice Chairman on 05.10.2000 asking all persons who were going to be affected by such Notification for acquisition to submit their objections including Photographs of houses, if constructed by them on particular piece of land proposed tobe acquired. The petitioners' father and mother filed their objection on 09.10.2000 which was received as is evident from the left hand side corner of such Representation, in the office of the Vice Chairman, LDA.

5. In such objections, they filed copy of the Sale Deed in which it has been mentioned that 9400 Sq.ft. of land had been bought on 16.06.1997 out of Khasra No.227 in Village Husadhiya. They also filed copy of the Map sanctioned for building the house and the photographs of the front elevation of such house.

6. A copy of such objection dated 09.10.2000 has been filed as Annexure-7 to the writ petition.

7. No orders were passed on such Representation by the Vice Chairman and Section 6/17 Notification was also issued on 16.02.2001 acquiring the entire land of Khasra No.227 of Village Husadhiya i.e. 3 Bigha 12 Biswa.

8. However, actual physical possession of the entire land of Plot No.227 was not taken as is evident from the report dated 08.10.2001 which is a Possession Certificate issued saying that Construction, Temple, Masjid, Kabristan and other Religious Constructions have been left out and only possession of open land has been delivered by the Land Acquisition Officer to the LDA. 3 WRIC No. 11134 of 2025

9. It has been submitted that the name of the parents of the petitioners continued to be recorded in the Khatauni as is evident from the copy of Khatauni of 1430-1435 Fasli of Village Husadhiya.

10. The counsel has pointed out from Page no.121 of the Paper book that the total area of Khasra No.227 was much more but only Minjumla / Part thereof was taken over for the construction of Amar Shaheed Path, Gomti Nagar.

11. It has been submitted that before such construction of Amar Shaheed Path was being done, the petitioners' parents filed writ petition namely Writ Petition No.6223 (M/B) of 2004 [Dinesh Kumar and Another Vs. State of U.P. and others], praying for a direction to be issued to the Respondents not to shift the Zonal Road in Gomti Nagar Extension Scheme and not to disturb the already prepared Lay Out Plan for Gomti Nagar Extension and not to interfere in the possession of the petitioners over the House No.228H, Khasra No.227 Husadhiya, Gomti Nagar Extension, for constructing such Zonal Road, and also to regularize the house of the petitioners bearing No.228H, Khasra No.227 Near Viram Khand-5, Ram Asrey Purwa, Gomti Nagar Extension Scheme.

12. In the said writ petition pleadings were exchanged but it was dismissed for want of prosecution after death of the father of the petitioners and Application for Recall was filed on which objections were filed by the LDA wherein it was stated that the writ petition had in fact, become infructuous as the 45 meters wide road proposed between Viram Khand-5 and Vardan Khand, Gomti Nagar Vistar has already been constructed. This Court, therefore, disposed of the Writ Petition No.6223 (M/B) of 2004, Dinesh Kumar and Another, as having become infructuous.

13. The petitioners continued in peaceful possession of the house but now all of a sudden, the Respondents have taken a decision for eviction of the petitioners and this is on the basis of some decision taken in the 185th Board Meeting of the LDA held on 05.08.2025 approving a changed Lay Out Plan for Gomti Nagar Vistar.

14. Hence, this petition has been filed with the aforesaid prayers.

15. Shri Ratnesh Chandra, on the basis of instructions and on the basis of Annexures to the writ petition has pointed out that even when the Writ Petition No.6223 (M/B) of 2004 [Dinesh Kumar and Another Vs. State of U.P. and others] was filed in 2004, the petitioners' parents knew that the entire land of Khasra No.227 had 4 WRIC No. 11134 of 2025 been duly acquired and Notification issued under Section 4/17 and under Section 6/17 of the Land Acquisition Act and the Award had already been passed. Instead of challenging the Acquisition proceedings, the petitioners' parents chose to challenge the Lay Out Plan prepared by the LDA on the ground that their houses were constructed on such land which was proposed to be included in the 45 Meter Zonal Road to be constructed between Viram Khand-5 and Vardan Khand in Gomti Nagar Extension.

16. The said writ petition was dismissed as having become infructuous on 06.08.2019. The petitioners have not even challenged the Land Acquisition Proceedings in this writ petition, they have only challenged the Lay Out Plan prepared and approved in the 185th Meeting of the Board on 05.08.2025.

17. The counsel for the Respondent has stated that under Section 48 of the Land Acquisition Act exemption could have been prayed for from the State Government by the petitioners or their predecessors in interest before the land vested in the State Government and was transferred to the LDA. The land have duly been acquired by valid Notifications under Section 4/17 and Section 6/17 of the Land Acquisition Act and the Award having been declared for the entire land of Gata No.227, Village for exemption or Husadhiya, regularization of their construction now at this late stage. the petitioners cannot pray

18. The Counsel for the petitioners has pointed out that since the State Government has already issued a Government Order on 02.11.2004 in pursuance of some decision taken by the then Hon'ble Chief Minister of the State for exempting such land which had construction on it already while on his Area visit of Gomti Nagar Vistar or Gomti Nagar Extension Scheme. The LDA had been issued specific directions by the State Government to exempt construction already made on land which was acquired or to regularize such construction.

19. The LDA has not followed the instructions of the State Government as given in the order dated 02.11.2004. It has also not respected the promise held out to all such persons who were being affected by the Gomti Nagar Extension Scheme when they invited objections on 05.10.2000 by Newspapers. No decision was taken on the objections of the petitioners' parents on 09.10.2000. issuing public notice

20. It has been pointed out that under Section 17(1) Proviso of the 5 WRIC No. 11134 of 2025 U.P. Urban Planning and Development Act, 1973, the State Government still has power to take a decision to release land which has been acquired.

21. It has been stated by Shri H.G.S. Parihar that since the house of the petitioners was constructed much before such Notifications under Land Acquisition Act, it was entitled to be Regularized / Exempted from such acquisition which however, was not done at the relevant point of time. Hence, the State Government can now consider the case of the petitioners for release of such land under Section 17(1) of the Proviso of the Act of 1973.

22. Shri Ratnesh Chandra has pointed out that till date no such Representation has been made by the petitioners to the State Government as is evident from the pleadings on record. They have asked for a Mandamus without making such Representation. They have also not challenged the Land Acquisition Notifications.

23. Be that as it may, without entering into the merits of the case of the petitioners for release of their house constructed on Gata No.227, Village Husadhiya, we dispose of this petition with liberty to the petitioners to file an appropriate application under Section 17(1) Proviso of the Act of 1973, within ten days' alongwith the State Documentary evidence, Photographs etc. and Government, the Respondent no.1 is directed to take a decision on such Representation within a period of three weeks' thereafter by a reasoned and speaking order. (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) December 3, 2025 N.PAL NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench

1. We have heard Shri H.G.S. Parihar, learned Senior Advocate assisted by Ms. Meenakshi Singh Parihar, for the petitioners and Shri Ratnesh Chandra, who appears on behalf of the LDA and the learned Standing Counsel who appears for the State-respondent.

2. This petition has been filed by the petitioners with the following prayers:- " (i) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned decision no. 185/29 taken in the 185th Board Meeting dated 05.08.2025 of the Lucknow Development Authority, so far relates to the petitioners, as contained in ANNEXURE NO. 1 to the Writ Petition. (ii) Issue a writ, order or direction in the nature of certiorari thereby quashing consequential publication of map published by e-tender notice, wherein the existing building of the petitioner has been declared/shown as encroachment, as contained in ANNEXURE NO. 2 to the Writ Petition. (iii) Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties not to create any hindrance over the construction of the house and its peaceful enjoyment by the petitioners and not to proceed further on the basis of land acquisition done vide Notification dated as contained in 05.09.2000 and 16.02.2001 as contained in ANNEXURE NO. 4 and 8 to the Writ 2 WRIC No. 11134 of 2025 Petition. (iv) Any other suitable writ, order or direction which this Hon'ble Court deem fit and proper in the facts and circumstances of the case, may also be passed in favour of the petitioners. (v) Award the cost of writ petition in favour of the petitioners."

3. It is the case of the petitioners that their father Late Dinesh Kumar, had constructed a house on Khasra No.227 which was a large piece of land of which 9400 Sq.ft. has been procured by their father by means of a registered Sale Deed from the erstwhile tenure holder.

4. The land was proposed to be acquired and Section 4/17 Notification was issued on 05.09.2000. After such Notification was issued, a notice was published in the Newspapers by the then Vice Chairman on 05.10.2000 asking all persons who were going to be affected by such Notification for acquisition to submit their objections including Photographs of houses, if constructed by them on particular piece of land proposed tobe acquired. The petitioners' father and mother filed their objection on 09.10.2000 which was received as is evident from the left hand side corner of such Representation, in the office of the Vice Chairman, LDA.

5. In such objections, they filed copy of the Sale Deed in which it has been mentioned that 9400 Sq.ft. of land had been bought on 16.06.1997 out of Khasra No.227 in Village Husadhiya. They also filed copy of the Map sanctioned for building the house and the photographs of the front elevation of such house.

6. A copy of such objection dated 09.10.2000 has been filed as Annexure-7 to the writ petition.

7. No orders were passed on such Representation by the Vice Chairman and Section 6/17 Notification was also issued on 16.02.2001 acquiring the entire land of Khasra No.227 of Village Husadhiya i.e. 3 Bigha 12 Biswa.

8. However, actual physical possession of the entire land of Plot No.227 was not taken as is evident from the report dated 08.10.2001 which is a Possession Certificate issued saying that Construction, Temple, Masjid, Kabristan and other Religious Constructions have been left out and only possession of open land has been delivered by the Land Acquisition Officer to the LDA. 3 WRIC No. 11134 of 2025

9. It has been submitted that the name of the parents of the petitioners continued to be recorded in the Khatauni as is evident from the copy of Khatauni of 1430-1435 Fasli of Village Husadhiya.

10. The counsel has pointed out from Page no.121 of the Paper book that the total area of Khasra No.227 was much more but only Minjumla / Part thereof was taken over for the construction of Amar Shaheed Path, Gomti Nagar.

11. It has been submitted that before such construction of Amar Shaheed Path was being done, the petitioners' parents filed writ petition namely Writ Petition No.6223 (M/B) of 2004 [Dinesh Kumar and Another Vs. State of U.P. and others], praying for a direction to be issued to the Respondents not to shift the Zonal Road in Gomti Nagar Extension Scheme and not to disturb the already prepared Lay Out Plan for Gomti Nagar Extension and not to interfere in the possession of the petitioners over the House No.228H, Khasra No.227 Husadhiya, Gomti Nagar Extension, for constructing such Zonal Road, and also to regularize the house of the petitioners bearing No.228H, Khasra No.227 Near Viram Khand-5, Ram Asrey Purwa, Gomti Nagar Extension Scheme.

12. In the said writ petition pleadings were exchanged but it was dismissed for want of prosecution after death of the father of the petitioners and Application for Recall was filed on which objections were filed by the LDA wherein it was stated that the writ petition had in fact, become infructuous as the 45 meters wide road proposed between Viram Khand-5 and Vardan Khand, Gomti Nagar Vistar has already been constructed. This Court, therefore, disposed of the Writ Petition No.6223 (M/B) of 2004, Dinesh Kumar and Another, as having become infructuous.

13. The petitioners continued in peaceful possession of the house but now all of a sudden, the Respondents have taken a decision for eviction of the petitioners and this is on the basis of some decision taken in the 185th Board Meeting of the LDA held on 05.08.2025 approving a changed Lay Out Plan for Gomti Nagar Vistar.

14. Hence, this petition has been filed with the aforesaid prayers.

15. Shri Ratnesh Chandra, on the basis of instructions and on the basis of Annexures to the writ petition has pointed out that even when the Writ Petition No.6223 (M/B) of 2004 [Dinesh Kumar and Another Vs. State of U.P. and others] was filed in 2004, the petitioners' parents knew that the entire land of Khasra No.227 had 4 WRIC No. 11134 of 2025 been duly acquired and Notification issued under Section 4/17 and under Section 6/17 of the Land Acquisition Act and the Award had already been passed. Instead of challenging the Acquisition proceedings, the petitioners' parents chose to challenge the Lay Out Plan prepared by the LDA on the ground that their houses were constructed on such land which was proposed to be included in the 45 Meter Zonal Road to be constructed between Viram Khand-5 and Vardan Khand in Gomti Nagar Extension.

16. The said writ petition was dismissed as having become infructuous on 06.08.2019. The petitioners have not even challenged the Land Acquisition Proceedings in this writ petition, they have only challenged the Lay Out Plan prepared and approved in the 185th Meeting of the Board on 05.08.2025.

17. The counsel for the Respondent has stated that under Section 48 of the Land Acquisition Act exemption could have been prayed for from the State Government by the petitioners or their predecessors in interest before the land vested in the State Government and was transferred to the LDA. The land have duly been acquired by valid Notifications under Section 4/17 and Section 6/17 of the Land Acquisition Act and the Award having been declared for the entire land of Gata No.227, Village for exemption or Husadhiya, regularization of their construction now at this late stage. the petitioners cannot pray

18. The Counsel for the petitioners has pointed out that since the State Government has already issued a Government Order on 02.11.2004 in pursuance of some decision taken by the then Hon'ble Chief Minister of the State for exempting such land which had construction on it already while on his Area visit of Gomti Nagar Vistar or Gomti Nagar Extension Scheme. The LDA had been issued specific directions by the State Government to exempt construction already made on land which was acquired or to regularize such construction.

19. The LDA has not followed the instructions of the State Government as given in the order dated 02.11.2004. It has also not respected the promise held out to all such persons who were being affected by the Gomti Nagar Extension Scheme when they invited objections on 05.10.2000 by Newspapers. No decision was taken on the objections of the petitioners' parents on 09.10.2000. issuing public notice

20. It has been pointed out that under Section 17(1) Proviso of the 5 WRIC No. 11134 of 2025 U.P. Urban Planning and Development Act, 1973, the State Government still has power to take a decision to release land which has been acquired.

21. It has been stated by Shri H.G.S. Parihar that since the house of the petitioners was constructed much before such Notifications under Land Acquisition Act, it was entitled to be Regularized / Exempted from such acquisition which however, was not done at the relevant point of time. Hence, the State Government can now consider the case of the petitioners for release of such land under Section 17(1) of the Proviso of the Act of 1973.

22. Shri Ratnesh Chandra has pointed out that till date no such Representation has been made by the petitioners to the State Government as is evident from the pleadings on record. They have asked for a Mandamus without making such Representation. They have also not challenged the Land Acquisition Notifications.

23. Be that as it may, without entering into the merits of the case of the petitioners for release of their house constructed on Gata No.227, Village Husadhiya, we dispose of this petition with liberty to the petitioners to file an appropriate application under Section 17(1) Proviso of the Act of 1973, within ten days' alongwith the State Documentary evidence, Photographs etc. and Government, the Respondent no.1 is directed to take a decision on such Representation within a period of three weeks' thereafter by a reasoned and speaking order. (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) December 3, 2025 N.PAL NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench