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Allahabad High Court

SUSHIL KUMAR KHANNA AND 2 OTHERSversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The Court held that the petition cannot be entertained on its merits and must be referred to the NOIDA Authority for a fresh representation, resulting in the disposal of the writ petition.

Summary

The petitioners sought a writ of mandamus directing the NOIDA Authority and related officials to demolish an unauthorised construction on Plot D‑07, Sector 40, Noida, and to restrain further violations of the sanctioned building plan. They also requested inspection, measurement, and enforcement actions under Section 14 of the Uttar Pradesh Industrial Area Development Act, 1976. The respondents argued that the petitioners should first file a fresh representation with the Authority. The Court, without addressing the merits, directed the petitioners to submit their grievances to the NOIDA Authority within one week and stated that the matter would be decided within two weeks thereafter. Consequently, the writ petition was disposed of without any substantive order on the merits.

Issues considered

  • Whether the High Court can issue a mandamus directing demolition of unauthorised construction on the ground of violation of the sanctioned building plan.
  • Whether the respondents can be restrained from further construction pending resolution of the dispute.
  • Whether Section 14 of the Uttar Pradesh Industrial Area Development Act, 1976, is applicable to compel action against the alleged violations.

Legislation cited

Subjects

  • mandamus
  • unauthorised construction
  • building plan
  • setback
  • NOIDA Authority
  • Section 14
  • Uttar Pradesh Industrial Area Development Act
  • writ petition
  • demolition
  • land use regulation

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                           WRIT - C No. - 38181 of 2026

Sushil Kumar Khanna And 2 Others
                                                                   .....Petitioner(s)
                                        Versus

State Of U.P. And 4 Others
                                                                 .....Respondent(s)

Counsel for Petitioner(s)               :    Vikash Bhatnagar
Counsel for Respondent(s)               :    C.S.C., Kaushalendra Nath Singh

Court No. - 29
                   HON'BLE SIDDHARTHA VARMA, J.
                   HON'BLE KUNAL RAVI SINGH, J.

1. Heard learned counsel for the petitioners, learned Standing Counsel for
the State and Sri Kaushalendra Nath Singh, learned counsel appearing for
the NOIDA Authority.

2. This writ petition has been filed for the following reliefs:

"a) issue a writ, order or direction in the nature of mandamus directing Respondent
Nos. 2 to 4 to forthwith execute the order dated 17.04.2026 bearing No.
Noida/Niyojan/2026/18 and remove/demolish the unauthorised construction raised by
Respondent No. 5 in the rear setback of Plot No. D-07, Sector 40, Noida, and restore
the setback in accordance with the sanctioned building map and applicable
regulations;

b) direct the Respondent Nos. 2 to 4 to forthwith inspect and measure Plot No. D-07
and place on record a measured site plan and photographs recording the construction
and deviations presently existing thereon;

c) restrain the Respondent No. 5, his agents, contractors and representatives from
carrying out any further construction or reconstruction at Plot No. D-07, Sector 40,
Noida, contrary to the sanctioned building plan and applicable regulations;

d) restrain the Respondent Nos. 2 to 4 from sanctioning or approving any fresh,
revised or amended building plan in respect of the offending construction at Plot No.
D-07;

e) direct the Respondent No. 2 to consider and take appropriate action in accordance
                                                                                                  WRIC No. 38181 of 2026
                                                                          2


                                    with law under Section 14 of the Uttar Pradesh Industrial Area Development Act,
                                    1976, in view of the violations committed by Respondent No. 5; and

                                    f) award the costs of this petition to the petitioners; and

                                    g) pass such other and further order or direction as this Hon'ble Court may deem fit
                                    and proper in the facts and circumstances of the case."

                                    3. Sri Kaushalendra Nath Singh, learned counsel appearing for the NOIDA
                                    Authority, states that if the petitioners move a fresh representation with all
                                    their grievances then the same shall be decided in accordance with law.

                                    4. Without going into the merits of the case, we direct that if the petitioners
                                    represent before the respondent no. 2, NOIDA Authority through its Chief
                                    Executive Officer, Main Administrative Building, Sector-96, NOIDA,
                                    Gautam Buddh Nagar, within a period of one week from today then the same
                                    shall be decided in accordance with law within a period of two weeks
                                    thereafter.

                                    5. With these observations, the writ petition stands disposed of.



                                                                    (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 23, 2026
                                    M.S. Ansari




Digitally signed by :-
MOHD SAQIB ANSARI
High Court of Judicature at Allahabad


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