- (1.) Savvy Home Private Limited has filed this petition for quashing the order dated 8th June, 2012 by which the Principal Secretary, Department of Housing and Urban Planning, Government of U.P., Lucknow, exercising revisional powers under Section 41(3) of the U.P. Urban and Planning Act, 1973 (hereinafter referred to as the 'Act'), has set aside the order dated 30th March, 2012 passed by the Vice-Chairman of the Agra Development Authority, Agra (hereinafter referred to as the 'Development Authority') for cancelling the sanction earlier granted on 20th May, 2010 to the housing scheme map submitted by respondent No. 3-M/s. Nikhil Indus Infrastructure Limited. It transpires from the records of the writ petition that the Development Authority sanctioned the map submitted by M/s. Nikhil Indus Infrastructure Limited for the Housing Scheme on 28th May, 2010 over an area of 57308.30 sq. mtr. land comprising two villages Kakretha and Babarpur in Agra. According to the petitioner, respondent No. 3-M/s. Nikhil Indus Infrastructure Limited had misrepresented before the Development Authority for getting the map sanctioned as various Khasra plots included in the map which were shown in a compact zone were actually situated at a distance from each other; a fabricated Sajra plan was furnished showing Khasra plots No. 1/11 and 1/12 in the map whereas in the original revenue village map such plots are not shown; M/s. Nikhil Indus Infrastructure Limited withheld information that it was merely a co-sharer of certain plots and not the absolute owner and that khasra plot Nos. 437 and 438 were included in the map whereas an area of 6680 sq. mtr. in khasra plot No. 437 and an area of 3340 sq. mtr. in khasra plot No. 438 belonged to the petitioner and Ishwar Sahkari Awas Samiti.
(2.) The petitioner, accordingly, filed an application on 6th/7th September, 2011 before the Development Authority for cancelling the sanctioned map and for stopping the development work and when no action was taken, the petitioner filed Writ Petition No. 2335 of 2012 which was disposed of by the Court on 13th January, 2012 with a direction to the Development Authority to expeditiously take an appropriate decision on the application submitted by the petitioner. Notice was issued to M/s. Nikhil Indus Infrastructure Limited by the Vice-Chairman of the Development Authority on the application submitted by the petitioner and ultimately by the order dated 30th March, 2012, the Vice-Chairman of the Development Authority cancelled the sanctioned map and directed the said respondent-M/s. Nikhil Indus Infrastructure Limited to stop the development with the liberty that they could apply for a revised map for an area of 50630.00 sq. mtr.
(3.) It is further stated in the writ petition that though the sanctioned map had been cancelled but respondent No. 3-M/s. Nikhil Indus Infrastructure Limited did not stop the construction work and so the petitioner filed Writ Petition No. 27198 of 2012 in which a statement was made by the counsel appearing for the said respondent that the order dated 30th March, 2012 had been set aside by the State Government in the revision preferred by the said respondent. It is then that the petitioner made inquiries and came to know that by the order dated 8th June, 2012, the Principal Secretary, Department of Housing and Urban Planning, Government of U.P., Lucknow, exercising revisional powers under Section 41(3) of the Act, had set aside the order dated 30th March, 2012 passed by the Vice-Chairman of the Development Authority.;