Court Discharges Petitioner in PIL, Focuses on Compliance with U.P. Urban Planning and Development Act, 1973
In a significant development, the Allahabad High Court has decided to proceed suo-motu in a matter concerning alleged unauthorized construction on Waqf property without sanctioned maps, after discharging the petitioner from the Public Interest Litigation (PIL). The case, titled "Ansar Ahmad v. State of U.P.", was heard by a division bench comprising Justices Rajan Roy and Manjive Shukla at the Lucknow bench.
The PIL, initially filed by Ansar Ahmad, raised concerns about misuse of Waqf property by the opposite parties and alleged illegal constructions being undertaken without the necessary permissions from the development authority. The court observed that the construction on the Waqf property prima facie lacked a sanctioned map, which is mandatory under Section 15 of the U.P. Urban Planning and Development Act, 1973.
During the proceedings, Sri Pritish Kumar, representing the opposite party no.7, objected to the petition citing its proximity to another pending appeal under Section 83(2) related to the appointment of Mutawalli. However, the court decided to discharge the petitioner and proceed suo-motu on the limited issue of unauthorized construction, thus preserving the rights of the parties involved to seek remedy under the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995.
The court directed the Development Authority, represented by counsel Sri Ratnesh Chandra, to assist in determining whether the construction requires sanction under the aforementioned Act. The court underscored that any construction requiring such sanction should not proceed without appropriate approval.
The case is slated for further hearing on May 13, 2026, with the court emphasizing the importance of compliance with statutory provisions regarding construction on Waqf properties.
Bottom line:-
Public Interest Litigation - Alleged misuse of Waqf property and illegal construction without proper sanction - Court to proceed suo-motu for limited issue of unauthorized construction on Waqf property without sanctioned map under U.P. Urban Planning and Development Act, 1973.
Statutory provision(s): Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995, U.P. Urban Planning and Development Act, 1973, Section 83(2)
Ansar Ahmad v. State of U.P., (Allahabad)(DB)(Lucknow) : Law Finder Doc id # 2892379
