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HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 3974 of 2026

Charan Singh Sharma And 7 Others

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

.....Respondent(s)

Counsel for Petitioner(s) : Ajay Mishra, Neha Chauhan, Sr.

Advocate

Counsel for Respondent(s) : Anjali Upadhya, C.S.C.

Court No. - 21

HON'BLE MAHESH CHANDRA TRIPATHI, J.

HON'BLE VIVEK SARAN, J.

1. Heard Shri Krishna Mishra, learned Senior Counsel assisted by Ms. Neha

Chauhan, learned counsel for the petitioners; Shri Devesh Vikram, learned

Addl. Chief Standing Counsel for State respondents; Ms. Anjali Upadhya,

learned counsel for Greater Noida Industrial Development Authority (in

short "Authority") and Shri J.N. Maurya, learned counsel for U.P. Pollution

Control Board.

2. Learned counsel for the petitioners is permitted to implead U.P. Pollution

Control Board as party respondent forthwith.

3. The instant writ petition has been preferred for following reliefs:-

"(I) Issue a writ, order or direction in the nature of certiorari quashing the impugned

order dated 23.12.2025 passed by the respondent no.3 and consequential letter dated

09.01.2026 (Annexure No.7 and 8 to the writ petition).

(II) Issue a writ, order or direction in the nature of mandamus directing to the respondent

no.2 and 3 not to demolish the construction situated in Khasra No.385 area 12630 sq.

meters situated at Village Gulistanpur, District Gautam Budh Nagar."

4. It is claimed that the petitioner nos.1 to 7 own the property in question

situated in Khasra No.385 area 12630 sq. mtrs. at Village Gulistanpur,

Pargana Dadri, Tehsil Sadar, District Gautam Budh Nagar. They have also

applied for sanction of map before the Authority under the U.P. Industrial

Area Development Act, 1976 (in short "Act, 1976"). It is admitted situation

WRIC No. 3974 of 2026

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that at no point of time the Authority had ever sanctioned the map, which

has been submitted by the petitioner nos.1 to 7. It is also claimed that the

petitioner nos.1 to 7 had executed a lease agreement in favour of petitioner

no.8 i.e. M/s Anant Associate Pvt. Ltd. of their land situated at Khasra

No.385, Village Gulistanpur Surajpur Industrial Area, Greater Noida,

Gautam Budh Nagar and had given possession to them. Thereafter, the firm

had also been accorded no objection certificate from various departments for

running the business. The U.P. Pollution Control Board has also accorded no

objection certificate to respondent no.8 on 28.12.2024 and 11.03.2025.

Learned counsel for petitioners has submitted that the petitioner no.8, for

running the business, had not made any permanent construction/ building

over the disputed site and only installed a tin shed. In this regard, he has also

relied upon the photographs, which are appended along with the writ petition

as Annexure No.5. He submits that under the Act, 1976 no such permission

is required and as such the activity done by respondent no.8 is permissible in

law.

5. On the other hand, learned counsel for the Authority has vehemently

opposed the writ petition. He has placed reliance on Section 10 of the Act,

1976, which empowers the Authority to monitor and control proper

maintenance of site or building. She submits that it is admitted case that the

disputed site falls in the territorial jurisdiction of the Authority. No such

activity has ever been approved by the Authority. Moreover, the activity,

which is being carried out, is also hazardous. She submits that surprisingly

the petitioners have also placed reliance on the NOC accorded by the U.P.

Pollution Control Board without realising the fact that neither any NOC has

ever been accorded by the Authority to the petitioners nor any such map has

ever been approved by the Authority under the Act, 1976. In an arbitrary

manner, the petitioner is permitted to carry out the activity, which is

hazardous to public at large. Moreover, the land is recorded as agricultural

holding and nothing is brought on record to indicate that the nature of land

has ever been changed.

6. Learned counsel for the Authority