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Allahabad High Court
Irshad Ali & Another vs State Of U.P. & Others on 29 January, 2010
Court No. - 35

Case :- WRIT - C No. - 3722 of 2010

Petitioner :- Irshad Ali & Another
Respondent :- State Of U.P. & Others
Petitioner Counsel :- D.S. Pandey
Respondent Counsel :- C.S.C.,Ashwani Kr. Mishra

Hon'ble Devendra Pratap Singh,J.

Hon’ble Mrs. Jayashree Tiwari,J.

Heard counsel for the petitioner and Sri A.K. Mishra for the contesting
respondent.

The petitioner seeks a mandate directing the respondents not to demolish the
constructions standing over his plots on the basis of notification under section
4 of the Land Acquisition Act.

It is apparent from record itself that the demolition order has not been passed
under the Land Acquisition Act but under section 27 of the U.P. Urban
Planning and Development Act, 1973 for making construction without any
sanctioned map. Admittedly, an appeal lies under section 27 (2) of the Act.

In view of the aforesaid, the Court is not inclined to exercise its extraordinary
power under Article 226 of the Constitution of India. Rejected.

Order Date :- 29.1.2010
AU


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