High CourtsSingle Bench

Balkishan vs State of Uttarakhand and others

Uttarakhand High Court · Decided on 26 June 2018 · Citation: (2018) 06 UK CK 0120

HON’BLE JUDGES
SUDHANSHU DHULIA, J
ACTS & SECTIONS REFERRED
Uttar Pradesh Urban Planning and Development Act, 1973 — Section 14 (1)
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 3294 of 2017
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

10 paragraphs · 161 words

Sudhanshu Dhulia, J. (Oral)

1.

Affidavit filed in Court today on behalf of the petitioner is taken on record.

2.

The petitioner has admittedly made constructions in a development area without seeking permission or sanction from the Development Authority,

which is mandatory under Section 14 (1) of the U.P. Urban Planning and Development Act, 1973. Demolition order has therefore been passed by the

Development Authority on 03.08.2017. The appeal and the revision filed by the petitioner against the demolition order have also been dismissed vide

orders dated 23.08.2017 and 06.12.2017, respectively.

3.

Admittedly the petitioner has made constructions in a development area without seeking permission or sanction from the development authority.

Therefore, the construction made by the petitioner is liable to be demolished, as the same was done without any authority of law.

4.

No relief can therefore be granted to the petitioner, who seeks a writ of this court against the demolition. Consequently, writ petition fails and is

hereby dismissed.