The court validated the mutual settlement agreement as integral to the case outcome, facilitating land access and construction rights.

O R D E R

1. Leave granted.

2. The instant appeal is directed against the judgment and order dated 31.01.2025 passed by the High Court of Judicature at Allahabad, dismissing the appellant’s writ petition, where he had challenged an order dated 09.07.2024 passed by the Commissioner, Saharanpur Division. This Court vide order dated 27.05.2025 directed the parties to maintain status quo re: further construction at the disputed site. The official as well as the private respondents entered appearance and have filed their respective counter-affidavits.

3. Now, a joint application (IA No.196944/2025) has been filed by the parties to place on record the mutual settlement agreement entered into between them.

4. The agreement dated 14.08.2025 (Annexure 1) unveil that M/s. Dwarika Balaji Consortium has agreed to provide the appellant a shared passage of 4.5 meters along with extra land of 18.39 square Signature Not Verified Digitally signed by NITINm TAeLREtJAers on the northern side of the plot. This has been agreed to as Date: 2025.10.18

09:37:25 IST Reason:

per the proposal dated 01.08.2025.

5. M/s. Dwarika Balaji Consortium has agreed to grant the appellant and the occupants of his plot or any visitors/family members free and unrestricted access through the main entrance and the proposed shared passage of 4.5 meters on the northern side of his plot. The above-named consortium has further agreed to provide the said shared passage within six weeks from today. The undertaking is taken on record.

6. It is also agreed that the consortium will execute a registered sale deed in favour of the appellant of the additional land admeasuring 18.39 square meters as per the proposal dated 01.08.2025. However, the consortium shall have the right to lay water, electricity and sewage pipelines on the proposed shared passage, as and when required.

7. In case the appellant seeks approval of building plans for his plot in question from Muzaffarnagar Development Authority (MDA) or any other statutory authority, the above-named consortium will not raise any objection in respect thereto. The parties have further undertaken to withdraw and not to initiate any civil/criminal proceedings against each other.

8. In view of the mutual settlement agreement dated 14.08.2025, the instant appeal is allowed in part; the impugned judgment of the High Court is set aside, and the writ petition filed by the appellant is disposed of, strictly in terms of the settlement agreement dated 14.08.2025. The said agreement shall be read as a part of this order, and the parties shall abide by all the terms and conditions contained therein, including those which have not been expressly referred to above in this order. Resultantly, all interim order(s) stand vacated.

..........................J.

(SURYA KANT)

..........................J.

(JOYMALYA BAGCHI)

NEW DELHI;

OCTOBER 14, 2025 ITEM NO.17 COURT NO.2 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 14809/2025 [Arising out of impugned judgment and order dated 31-01-2025 in WRITC No. 34555/2024 passed by the High Court of Judicature at Allahabad]

GUNJAN GUPTA Petitioner(s)

VERSUS STATE OF UTTAR PRADESH & ORS. Respondent(s)

(IA No. 196944/2025 - DOCUMENT TAKEN ON RECORD, IA No. 205029/2025 - EARLY HEARING APPLICATION, IA No. 174100/2025 - EXEMPTION FROM FILING O.T., IA No. 130677/2025 - EXEMPTION FROM FILING O.T., IA No. 178143/2025 - EXEMPTION FROM FILING O.T., IA No. 175007/2025 - EXEMPTION FROM FILING O.T., IA No. 186561/2025 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES and IA No. 174105/2025 -

PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 14-10-2025 This matter was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE JOYMALYA BAGCHI For Petitioner(s) : Mr. Samd