R.S.Dhavan, J. - (1.) THIS petition is by a rate payer of Varanasi, Smt. Shanti Rani, wife of Shri Malik Singh, resident of S -21/116, Mohalla Parade Kothi, Near Bhagirathi Cinema, Varanasi City. The opposite parties in this writ petition, under Article 226 of the Constitution of India, are the State of U.P. through the Special Secretary, Avas Vikas, Secretariat, Lucknow and the Varanasi Vikas Pradhikaran, Varanasi. In effect, the State respondents are those incharge of regulating urban development. The issue in the writ petition is with in a narrow ambit, but in context, otherwise it needs to be examined as it concerns the disciplining of chaotic urban development.
(2.) THE petitioner applied for seeking sanction for the construction of a first floor and second floor accommodation on her property. Without looking into the counter affidavit, of the respondents in the writ petition itself, particularly paragraphs 4, 5, 8 and 11, the petitioner accepts that there were certain deviations in the constructions made by her. The petitioner terms it as a 'slight deviation. The respondents call it unauthorised constructions. The petitioner received a notice, annexure '2' to the writ petition, from the respondent No. 2, the Varanasi Development Authority requiring the petitioner to stop and remove the unauthorised constructers which began from the ground floor. At the time of giving notice to the petitioner the constructions on the first and second floors were in progress. She was required to stop it. The constructions did not cease and continued unabated, violating the sanctioned plan. The constructions made by the petitioner and the sanctioned plan were not compatible. The petitioner thereafter applied to the Development Authority, by admitting that she had constructed by deviating from the sanctioned plan and that the unauthorised constructions be compounded. The Varanasi Development Authority set about an exercise to compound what the petitioner had constructed without it's permission.
(3.) THE compounding fee, was assessed at Rs. 53,249.74 p. The order of the Varanasi Development Authority working out the compounding fee on the unauthorised construction is dated 17 -7 -1984, appended as annexure '3' to the writ petition.;