Allahabad High Court
Nagar Palika Parishad And Another vs State Of U.P. And 3 Others on 27 February, 2023
Bench: Sunita Agarwal, Manjive Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 39
Case :- WRIT - C No. - 33167 of 2022
Petitioner :- Nagar Palika Parishad And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Hritudhwaj Pratap Sahi,K.P. Verma,Sankalp Narain,Sr. Advocate
Counsel for Respondent :- C.S.C.,Aditiya Kumar Singh,Santoosh Kumar Dwivedi
Hon'ble Mrs. Sunita Agarwal,J.
Hon'ble Manjive Shukla,J.
Heard Sri V.K. Singh, learned Senior Advocate assisted by Sri H.P. Sahi, learned counsel for the petitioner and Shri Ashok Khare, learned Senior Advocate assisted by Sri Aditya Kumar Singh, learned counsel for the respondent- Bhadohi Industrial Department Authority.
A preliminary objection has been raised with regard to the locus of the petitioner- Nagar Palika Parishad and the then Chairman, Nagar Palika Parishad Bhadohi, to maintain the present writ petition seeking to challenge the order dated 6.12.2021 passed by the State Government.
The challenge in the writ petition is with regard to the jurisdiction of Bhadohi Industrial Development Authority to oversee/manage development in the area of its jurisdiction as per the notification dated 25th August, 1981.
It is an admitted fact of the matter that the creation of Bhadohi Industrial Development Authority, to manage the affairs of the Bhadohi Industrial Development Area, has been made as per the aforesaid notification issued under section 243-Q. A perusal of page no.'65' of the paper book, the notification-in-question, indicates that the Bhadohi town and the area falling within the radius of 8 kilometers thereof has been declared as an industrial development area called as 'Bhadohi Industrial Development Area'. There is no challenge to the said notification in the present petition.
The contention of the learned counsel for the petitioner that in absence of a master plan prepared for Bhadohi Industrial Development Area, Bhadohi Industrial Development Authority has no jurisdiction to sanction the map for the purposes of erection of buildings or charge fee for the purpose with the notified area under Article 243-Q of the Constitution of India. The submission is that under the U.P. Industrial Area Development Act, 2016, an industrial township can only be regulated in accordance with the Master Plan, prepared by the Development Authority with the approval of the State Government, so as to curb haphazard development in the area under its jurisdiction. The reliance has been placed upon the judgment and order of this Court dated 16.02.2018 passed in Writ-C No.43275 of 2015 connected with Writ Petition No.43195 of 2015.
It is an admitted fact of the matter that with the publication of the notification dated 25th August 1981, the Nagar Palika Parishad Bhadhoi has no control over the industrial area declared as 'Bhadohi Industrial Development Area'. It has no jurisdiction to sanction the map as power for the same lies with the Development Authority known as 'Bhadohi Industrial Development Authority'. The dispute with regard to preparation of the Master Plan or any issue relating to the development carried out under the management of the Development Authority cannot be entertained at the instance of the Nagar Palika Parishad. No legal right is with the Nagar Palika Parishad or the then Chairman, Nagar Palika Parishad to raise such dispute, moreso, in absence of any challenge to the notification for creation of the Industrial Development Authority.
It goes without saying that such a dispute in relation to sanction of map or demand of fee can be raised by an individual who is aggrieved by any action or inaction of the Development Authority. Reliance placed upon the judgement of this Court is, thus, of no benefit to the petitioner.
The writ petition is, accordingly, dismissed
Order Date :- 27.2.2023
P Kesari
