Allahabad High Court
RAISUDDIN KURAISIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the municipal authority must consider the petitioner's objection and reply before any demolition, and no coercive action shall be taken pending such consideration.
Summary
The petitioner, claiming ownership of a plot in Village Kaila, Ghaziabad, challenged a demolition notice issued by the Ghaziabad Nagar Nigam under Article 226 of the Constitution. He had filed a reply to the notice on 21‑08‑2026, which remained unconsidered. The respondents, representing the municipal authority, agreed to dispose of the matter after considering the petitioner's objection. The Court directed the municipal authority to examine the petitioner's reply and decide the objection within two months, staying any coercive action in the meantime. Consequently, the petition was disposed of with a directive to the respondent to act expeditiously.
Issues considered
- Whether the demolition notice issued by the municipal authority can be executed without considering the petitioner's objection and reply.
- Whether coercive action can be taken against the petitioner pending adjudication of his objection.
Legislation cited
- Constitution of India — s. Article 226
Subjects
- writ petition
- Article 226
- demolition notice
- encroachment
- stay order
- municipal authority
- property rights
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37536 of 2026
Raisuddin Kuraisi
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar Srivastava
Counsel for Respondent(s) : C.S.C., Raghuvansh Misra
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE SIDDHARTH NANDAN, J.
1. Heard learned counsel for the parties.
2. By means of the present writ petition filed under Article 226 of the
Constitution, petitioner claims to be the owner in possession of the plot
situate in Village Kaila, Pargana Loni, District Ghaziabad. It is submitted
that, despite the fact that he has nothing to do with Plot No. 92, a notice
dated 09.07.2026 has been issued by the Ghaziabad Nagar Nigam for
removal of the unauthorised encroachment and construction from the plot
in question, failing which the standing construction shall be demolished
and the demolition charges shall be recovered.
3. Learned counsel for the petitioner submits that the petitioner has
already submitted a reply to the notice on 21.08.2026, which has not been
considered and decided till date.
4. Learned counsel for respondent nos. 2 to 4 submits that she has no
objection in the event respondent no. 2 is directed to dispose of the matter
after taking into consideration the objection filed by the petitioner, strictly
in accordance with law.
5. In view of the above, the present petition stands disposed of with a
direction to respondent no. 2 to consider and decide the objection of the
petitioner in respect of the notice dated 09.07.2026, after considering the
reply submitted by the petitioner, as expeditiously as possible, preferably
within a period of two months from the date of production of a certified
copy of this order.
WRIC No. 37536 of 2026
2
6. Until such application is decided, no coercive action shall be taken
against the petitioner.
(Siddharth Nandan,J.) (Ajit Kumar,J.)
September 18, 2026
S.Prakash
Digitally signed by :-
SHASHI PRAKASH
High Court of Judicature at Allahabad
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