Bhagyashree Constructions ... vs U.P.Avas Evam Vikas Parishad And ...
2023 Latest Caselaw 10973 ALL

Citation : 2023 Latest Caselaw 10973 ALL
Judgement Date : 12 April, 2023

Allahabad High Court

Bhagyashree Constructions ... vs U.P.Avas Evam Vikas Parishad And ... on 12 April, 2023

Bench: Rajan Roy, Manish Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 10329 of 2010
 
Petitioner :- Bhagyashree Constructions Pvt.Ltd.
 
Respondent :- U.P.Avas Evam Vikas Parishad And Others
 
Counsel for Petitioner :- Anurag Verma,Abhineet Jaiswal,Gaurav Mehrotra,Kartikey Dubey,Karunadhi Yadav,Ritika Singh
 
Counsel for Respondent :- Akhilesh Kumar Srivastava,Ratnesh Chandra,Shobhit Mohan Shukla
 

 
Hon'ble Rajan Roy,J.

Hon'ble Manish Kumar,J.

Supplementary rejoinder affidavit on behalf of petitioner filed today in Court is taken on record.

The petitioner has filed this petition challenging an order dated 26.07.2010 wherein the Chief Artichect Planner, U.P. Awas Evam Vikas Parishad has declined to consider the application of petitioner for rectification in the layout plan of Awas Evam Vikas Parishad in which the land/area in question is mentioned as residential whereas in the master plan of 2001 and in the existing master plan of 2031 it is mentioned as bazar-street.

Learned counsel for the petitioner has placed reliance upon two decisions of this Court in Writ Petition No. 2133 (MB) of 2006; Sunil Gupta vs. State of U.P. and others (judgment dated 29.05.2013 and in Writ Petition No. 5025 (MB) of 2011; Smt. Usha Bajaj vs. State of U.P. and others (judgment dated 21.04.2014.

Mr. Akhilesh Kumar Srivastava, learned counsel for the Awas Evam Vikas Parishad says this matter has been referred to the Board for a decision and that Annexure-1 which is a decision by an authority of the Board will not come in the way as the Board is the highest body and is not bound by the said order contained as Annexure-1.

In view of the above, we direct the Board where the matter pertaining to the aforesaid rectification, as claimed by the petitioner, is pending, to take a decision in this regard within six weeks in accordance with the law. The decision taken shall be communicated to the petitioner within the said period. The judgments relied upon by the petitioner shall also be taken into consideration along with such other judgments and laws as may be applicable to the facts and issues involved.

The petition is disposed of.

[Manish Kumar, J.] [Rajan Roy, J.]

Order Date :- 12.4.2023

Santosh/-