Allahabad High Court Surprised Over Aligarh DC Acting Against Sealed Property Despite Pendency Of Statutory Appeal

"…we are surprised to note that the Appellate Authority had entertained the private complaint and passed order impugned and consequently the purported notice had also bene issued by the ADA (Aligarh Development Authority) inspite of the fact that the appeal is still pending consideration", a Bench of Justice Mahesh Chandra Tripathi and Justice Nand Prabha Shukla observed as it sought response of the DC as well as the Vice Chairman, Aligarh Development Authority (ADA).

Briefly put, the bench was hearing a writ petition filed by Tariq Ahmed and another challenging the order dated June 4, 2025, passed by the Commissioner, Aligarh Division, and the subsequent notice-cum-order of June 17, 2025, issued by the Vice Chairman, ADA.

The petitioners sought quashing of these orders and prayed that the sealed portion of their construction be compounded in line with recent Supreme Court judgments and new bye-laws.

The dispute arose from a construction project on land in Sir Syed Nagar, Aligarh. Although the ADA originally sanctioned the map in 2019, some deviations were detected later on, and thus, a sealing order was passed under Section 28-A(1) of the U.P. Urban Planning and Development Act, 1973, on November 30, 2021.

The petitioners sought compounding, and a plan was sanctioned on October 6, 2023, after they deposited compounding fees. However, further sealing orders were passed on May 31, 2024, without notice to the petitioners and the site was again sealed on June 24, 2024, ignoring the application moved by the petitioner on June 6, 2024.

This act was challenged before the High Court in multiple rounds of litigation.

Finally, in an order passed on May 9, 2025, the Single Judge set aside the Commissioner's earlier non-speaking order dated April 21, 2025, rejecting the petitioners' appeal on the ground of delay. The single judge also directed the Commissioner to decide the appeal on the merits.

However, despite these directions, the appellate authority entertained an ex parte private complaint made by one Ahmad Ashfaq and, on June 4, 2025, ordered the petitioners to remove uncompounded portions and demolish constructions. Acting on this, ADA issued the notice dated June 17, 2025.

Taking serious note of this, the Bench said:

"Once the learned Single Judge of this Court has relegated the matter to the Appellate Authority for considering the same on merit, we are surprised to note that the Appellate Authority had entertained the private complaint and passed order impugned and consequently the purported notice had also bee issued by the ADA inspite of the fact that the appeal is still pending consideration".

However, before proceeding further, the Court directed the Standing Counsel to obtain instructions from the appellate authority/Divisional Commissioner, Aligarh, specifically regarding "under what circumstances, once the statutory appeal was pending consideration, a complaint made by the third party has been entertained ex-parte and certain observations have been made on administrative side and consequently, the ADA had issued notice-cum-order dated 17.06.2025".

The Court further recorded that in the meantime, the appeal, which is pending consideration, may be decided by the Commissioner concerned on merits and the outcome of the said proceeding shall be apprised on the next date fixed in the matter.

The matter has been directed to be listed as fresh on September 15, 2025.