Allahabad High Court
SMT SAMUNDARI DEVIversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that demolition cannot proceed without affording the petitioner a chance to submit a representation and be heard, and stayed the demolition pending such hearing.
Summary
The petitioner, Smt. Samundari Devi, challenged an order dated 23.07.2026 directing demolition of a structure on Plot No. 215 in Greater Noida, alleging that no prior notice was given. The respondents, the State of U.P. and the Greater Noida Authorities, contended that the demolition order itself served as a notice and that the petitioner could file a reply. The Court held that the petitioner must be afforded a reasonable opportunity to be heard and allowed a two‑week period to submit a representation. It further directed that no demolition may take place until the representation is decided or for a period of three months from the date of the order, whichever is earlier. Accordingly, the writ petition was disposed of with the direction that the matter be decided after hearing all parties.
Issues considered
- Whether a demolition order can be executed without prior notice to the affected party
- Whether the petitioner is entitled to a hearing and opportunity to submit a representation before demolition
Subjects
- demolition
- notice
- writ petition
- representation
- hearing
- administrative law
- property
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 29917 of 2026
Smt Samundari Devi
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prem Chandra, Sudhanshu Kumar
Counsel for Respondent(s) : Anjali Upadhya, C.S.C., Vineet Pandey
Court No. - 29
HON'BLE SIDDHARTHA VARMA, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard Shri Sudhanshu Kumar, learned counsel for the petitioner, and learned
Standing Counsel, and perused the record.
2. The grievance of the petitioner is that, without any notice being issued to him, the
order dated 23.07.2026 has been passed directing demolition of the construction
existing over Plot No. 215 admeasuring 0.0421 Ha (504.16 Square Gaj), Village
Ghanghaula, Pargana Dankaur, Tehsil Sadar, District- Gautam Budh Nagar.
3. Learned counsel appearing for the Greater Noida Authorities, Sri Vineet Pandey,
states that the instant order may be treated as a notice and that the petitioner may
submit his reply thereto.
4. In view of the aforesaid, we provide that, in case the petitioner submits a
representation within a period of two weeks from today, the same shall be considered
and decided in accordance with law, after affording an opportunity of hearing to all
the parties concerned, within a period of two months thereafter.
5. With the aforesaid observations, the writ petition stands disposed of.
6. It is made clear that, till the decision on the representation is taken or for a period of
three months from today, whichever is earlier no demolition shall be carried out, if the
same has not already taken place.
September 16, 2026
vijay krishna
(Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
Digitally signed by :-
VIJAY KRISHNA JAISWAL
High Court of Judicature at Allahabad
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