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Allahabad High Court

OMWATI WIDOWversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court held that the petitioner must file a revision under the specified statutes and disposed the writ petition.

Summary

The petitioner, Omwati Widow, challenged a demolition order dated 3 April 2026 issued by the Noida Authority. The respondents argued that the appropriate remedy was a revision petition under Section 41(3) of the Uttar Pradesh Urban Planning and Development Act, 1973, as empowered by Section 12 of the Uttar Pradesh Industrial Area Development Act, 1976. The Court examined the arguments and, without addressing the merits of the demolition, directed that the petitioner may file a revision within 15 days and that the revision must be decided within three months, with any interim relief to be decided within one week and a ten‑day stay on coercive action. The Court also clarified that the limitation period would not be considered at this stage. Consequently, the writ petition was disposed.

Issues considered

  • Whether the petitioner should approach the High Court under a writ petition or file a revision before the State Government under the U.P. Urban Planning and Development Act, 1973 and U.P. Industrial Area Development Act, 1976.

Legislation cited

Subjects

  • demolition order
  • revision petition
  • writ petition
  • interim relief
  • limitation period
  • coercive action
  • urban planning
  • industrial area development

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                 WRIT - C No. - 36463 of 2026

                                    Omwati Widow
                                                                                                           .....Petitioner(s)
                                                                             Versus

                                    State Of U.P. And 2 Others
                                                                                                         .....Respondent(s)

                                    Counsel for Petitioner(s)                               :    Jahangir Haider
                                    Counsel for Respondent(s)                               :    C.S.C.

                                    Court No. - 29

                                                            HON'BLE SIDDHARTHA VARMA, J.
                                                            HON'BLE KUNAL RAVI SINGH, J.

                                    1. The petitioner has challenged the order dated 3/4.08.2026 by which certain
                                    demolition order has been passed.

                                    2. Ms. Anjali Upadhyay, learned counsel for respondent no. 3 states that the petitioner
                                    has an alternate efficacious remedy to file a Revision before the State Government
                                    under Section 41(3) of the U.P. Urban Planning and Development Act, 1973. She
                                    states that this revisional power had been given to the State Government as per
                                    provisions of Section 12 of the U.P. Industrial Area Development Act, 1976.

                                    3. We do find substance in the arguments advanced by learned counsel representing
                                    Noida Authority.

                                    4. Under the circumstances, without going into the merit of the case, we direct that if
                                    the petitioner files a Revision within a period of 15 days, then without going into the
                                    question of limitation, the Revision shall be decided within a period of three months.
                                    It is also clarified that if any application for interim relief is preferred along with the
                                    Revision, then the order on it would be passed within a period of one week thereafter.
                                    For a period of ten days after the filing of the Revision, no coercive action shall be
                                    taken against the petitioner.

                                    5. With the aforesaid observations, the instant writ petition stands disposed of.




                                                                          (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 17, 2026/Sumit S




Digitally signed by :-
SUMIT SRIVASTAVA
High Court of Judicature at Allahabad


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