WPMS/736/2021
2021 Latest Caselaw 1130 UK

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                                     WPMS No.736 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Piyush Garg, Advocate, for the petitioners.

Mr. Rahul Consul, Advocate, for the MDDA.

The civil suit being Civil Suit No.95 of 1999, was adjudicated by the learned trial court vide its judgment and decree dated 29.08.2017, as against which, the regular civil appeal under Section 96 of the CPC being Civil Appeal No.143 of 2017, "Prakash Chand and others Vs. Mayur Properties and others", had been preferred before the court of 3rd Additional District Judge, which has now been transferred to the Chairman of the Development Authority, while exercising its powers under the amended provisions of Section 37 (A) of the UK Urban Planning and Development Act, 1973, as amended w.e.f. 2013, by Act No.30 of 2013 this aspect I have already dealt with in the earlier judgment, which was rendered in WPMS No.1154 of 2019, "Ishwar Dayal Kansal Vs. Haridwar Development Authority, Haridwar", where I had taken a view that an administrative authority created under the Urban Planning and Development Act, 1973, cannot be vested with the judicial powers to adjudicate on a civil appeal, which is contemplated under the CPC.

In that view of the matter, the order of transfer of the appeal dated 25.02.2020, would be kept in abeyance till the next date of listing.

Issue notices to the respondents. Petitioner would take steps for affecting the service on the respondents, within a period of ten days from today.

List this writ petition after service of the notices on the respondents.

(Sharad Kumar Sharma, J.) 24.03.2021

NR/