Authority: Supreme Court of India

Order Date: 27-10-2026

Case Overview

  • Petition for Special Leave to Appeal (C) No. 37043/2026 filed by City Montessori School against the State of Uttar Pradesh and others, arising from the High Court judgment dated 01‑Oct‑2026 in WRITC No. 9839/2026.
  • The dispute concerns the petitioner’s participation in proceedings before the Lucknow Development Authority (LDA) under Section 27 of the U.P. Urban Planning and Development Act, 1973, where a notice was issued to the 5th respondent.
  • The High Court had ordered the petitioner to file a detailed response with documents, allowed an inspection by an officer of rank not less than Chief Engineer/Additional Secretary, and directed independent, impartial consideration.
  • An LDA order dated 21‑Oct‑2026 (Suit No.2092 of 2025, Online Case No.LDA/Z6/ANI/2025/0006284) was issued without affording a hearing to the CMS.
  • Land details: total 23,000 sq ft owned by Smt. Urmila Bhalla and Smt. Sheela Kapoor; 6,000 sq ft leased by the 5th respondent’s predecessor, 17,000 sq ft leased by City Montessori School. Earlier eviction and acquisition proceedings resulted in the acquisition of the full 23,000 sq ft, later partially set aside, leaving 17,000 sq ft for CMS and 6,000 sq ft for the lessee.

Final Outcome

  • The Supreme Court set aside the LDA order dated 21‑Oct‑2026 on the ground of violation of natural‑justice principles.
  • The Authority must issue fresh notice to both the CMS and the 5th respondent, supply copies of the 5th respondent’s reply and annexures, and serve any inspection report on both parties.
  • The notice shall specify a hearing date within one month from the order; acknowledgment must be taken from parties or their representatives on the first day, after which the matter shall be concluded.
  • The Court clarified that it has not examined the merits of the High Court order; the matter will be considered on its own merits in accordance with law.
  • The Special Leave Petition is disposed of with the above directions, and any pending applications are rejected.

Topics: Legal Procedure, Urban Development, Education