- (1.) Feeling aggrieved by the inaction on the part of the Allahabad Development authority ("the ADA" for short) in issuing the approved plan (map) for the residential building proposed to be constructed by it, the Sangam Upnivashan Avas evam Vikas Nirman Sahkari Samiti limited, respondent herein, filed civil miscellaneous writ petition no. 19030 of 1992 in the High Court of Allahabad seeking appropriate writ direction to the respondents to issue the approved plan (map). The State of Uttar Pradesh represented by the secretary, Housing and Urban development Department, the collector and the Allahabad Development authority were arrayed as respondents in the writ petition.
(2.) The respondents took the stand that though the ADA had approved the plan submitted by the writ petitioner, the same could not be issued for want of no objection certificate from the collector, allahabad. The stand taken by the collector, Allahabad was that the no objection certificate could not be issued to the writ petitioner as it had committed default in payment of the installments of amount for renewal of the lease and had not paid the entire amount which had fallen due by efflux of time. A further objection was raised on behalf of the state government that the proposed building for residential purpose was not permissible, since the area had been reserved for government office and for widening of roads in the master plan.
(3.) The High Court in its judgment rendered on 29/09/1992, ordered, inter alia, that on the writ petitioner approaching the respondents with a certified copy of the judgment, the latter will intimate the amount payable by the writ petitioner for renewal of the lease within two weeks, and within three weeks of receipt of such intimation, the writ petitioner shall deposit the said amount; the respondents after accepting the amount will execute the lease in accordance with law and thereafter release the plan (the map) submitted by the writ petitioner within three days. The said judgment is under challenge in this appeal filed by special leave by the State of Uttar Pradesh.;