JUDGMENT :

1. The petitioner claims to be a Charitable Society registered under the Societies Registration Act, 1860. Janab Zafaryab Jilani, an Advocate of this Court is said to be its Secretary as also the Mutawalli of Waqf Suppa Mutassil Bulaki Adda, Lucknow [Sunni Waqf No.412-Lucknow].

2. The petitioner has preferred this petition for quashing the Order dated 9.9.2020 passed by the Prescribed Authority, Lucknow Development Authority, Lucknow, the sixth respondent and for a direction not to take any coercive action against it for demolition of 15 shops constructed by it on the property of the aforesaid Waqf.

3. We have heard Sri Arvind Verma, Senior Counsel assisted by Sri Mohd. Altaf Mansoor, learned counsel for the petitioner, Sri Rohit Nandan Shukla, learned Standing Counsel for the State-respondents, Sri Ratnesh Chandra, learned Counsel for Lucknow Development Authority and Sri Q. H. Rizvi, learned Counsel for U. P. Sunni Central Waqf Board.

4. The Order impugned dated 9.9.2020 is an order passed under Section 28-A(1) of the U. P. Urban Planning and Development Act, 1973 [for the sake of brevity, it is referred to as 'Act']. It states that after issuance of show cause notice and on the basis of the inspection report, it has been found that the petitioner had raised construction of the shops without the sanctioned map and as such, the constructions are illegal. Since the construction activity is not being stopped, despite notice and public notice, it is necessary to seal the premises.

5. Sri Arvind Verma, learned Senior Counsel argued that the aforesaid order has been passed without actually serving any notice upon the petitioner or its Secretary. The notice served upon any other person is not a notice upon the petitioner, therefore, the order impugned is in violation of principles of natural justice. Secondly, the petitioner has constructed 15 shops on the above property with the permission of U. P. Sunni Central Waqf Board, therefore, in view of the Circulars dated 4.2.1994 and 15.3.1994, the petitioner was not required to take any permission for the purposes of construction from the concerned Development Authority. Lastly, it has been submitted that the constructions of the petitioner, even if raised illegally, can always be compounded and are not liable to be demolished.

6. Learned Counsel for the petitioner was pointedly asked to disclose if there is any sanctioned map, but the reply was evasive. No sanctioned map has been produced nor it has been pleaded anywhere that the constructions are in accordance with any sanctioned plan except for stating that the constructions are on the basis of the permission granted by the U. P. Sunni Central Waqf Board.

7. We have perused the Office Memorandum of U.P. Sunni Central Waqf Board dated 26.6.2020 granting permission to the petitioner to construct 15 shops measuring 15' x 3' between Gate Nos.3 and 4 of the Kabristan which forms part of the aforesaid Waqf property. The said permission is not an absolute one, rather it is conditional in nature and one of the condition is that the construction shall be made subject to the necessary permission from the local competent authorities. In other words, the Sunni Central Waqf Board has only permitted the petitioner to raise construction on the Waqf Property provided necessary permission is obtained from the competent authority. It nowhere permitted them to raise constructions in violation of the statutory provisions or the sanction of the map by a Competent Authority which naturally refers to the Development Authority.

8. It may be pertinent to mention here that permission to construct by the Waqf Board is quite distinct and separate from the permission to construct as per the map sanctioned by the Development Authority. It is just like owner permitting construction by the tenant or any other person on his land but ultimately the construction has to be in accordance with the sanctioned plan. The permission by the owner does not absolve the buil