Allahabad High Court
ANIL KUMAR AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court restrained the Development Authority from demolishing the petitioners' constructions except as permitted by law and barred the petitioners from alienating or further developing the land.
Summary
The petitioners, owners of a settlement in Ashdullapur village outside the Nagar Nigam limits, filed a writ petition fearing demolition of their structures by the New Okhla Industrial Development Authority (NOIDA). They sought a mandamus directing the Authority not to demolish or harass them and to protect their peaceful possession. The Authority contended it would not act without due notice and a proper demolition order. The High Court held that the Authority may not demolish the constructions except in accordance with law and imposed a restraint on the petitioners from alienating the land, creating third‑party rights, or undertaking further construction. Consequently, the petition was disposed with these directions.
Issues considered
- What is the scope of the Development Authority's power to demolish structures without notice?
- Can a writ of mandamus be issued to restrain demolition and harassment of occupants?
- Are the petitioners entitled to protection of their possession pending lawful orders?
Subjects
- mandamus
- demolition
- development authority
- property rights
- restraining order
- writ petition
- Uttar Pradesh
- NOIDA
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 10430 of 2026
Anil Kumar And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bodhi Vallari, Sanjay Kumar Jaiswal
Counsel for Respondent(s) : C.S.C., Kaushalendra Nath Singh
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard learned counsel for the petitioners, Shri Devesh Vikram, learned
Additional Chief Standing Counsel for the State-respondents and Shri
Kaushalendra Nath Singh, learned counsel for the respondent - New Okhla
Industrial Development Authority (NOIDA).
2. The instant writ petition has been preferred praying inter alia for the
following relief:
"I. Issue a writ order or direction in the nature of mandamus directing the
respondents neither demolish nor dispossess the petitioners from the
abadi situated in Village Ashdullapur Pargana Dadri Tehsil and District
Gautam Budha Nagar Khata No. 00042 Khasara No. 123 area 0.7130
hectare which is out of Nagar Nigam Limit.
II. Issue a writ order or direction in the nature of mandamus directing the
respondents not to harass the petitioners in their peaceful living over the
abadi of Khata No.00042 Khasara No.123 area 0.7130 hectare situated
at Village Ashdullapur Pargana Dadri Tehsil and District Gautam Budha
Nagar.
III. Issue any other writ order or direction which this Hon'ble court may
deem fit and proper in the circumstances of the case."
WRIC No. 10430 of 2026
2
3. The petitioners allege that they are under threat of their constructions
being demolished by the respondent-Development Authority without
there being any order in this behalf.
4. Sri Kaushalendra Nath Singh, learned counsel for the respondent-
Development Authority submits that the Development Authority will not
proceed against the petitioners unless the petitioners are given due notice
and the Authority passes an order for demolition.
5. Having regard to the said stand, we dispose of the instant petition in
same terms. Accordingly, it is hereby provided that the respondent-
Development Authority will not demolish the constructions of the
petitioners except in accordance with law. The petitioners are also
restrained from alienating the property, creating third-party rights, or raising
any further construction over the land in question.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
March 19, 2026
NLY
Digitally signed by :-
NAND LAL YADAV
High Court of Judicature at Allahabad
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