- (1.) THE grievance which has been raised in the petition which has been filed in the public interest is that in Moradabad, the fourth respondent, namely the Moradabad Development Authority, has developed a residential colony in the midst of which a post mortem house is being constructed by the District Administration without a sanctioned map and on a land which is earmarked as a park. In the State of Uttar Pradesh, the State Legislature has enacted the U.P. Urban Planning and Development Act, 1973. Section 14(1) specifies that after the declaration of any area as a development area under Section 3, no development of land shall be undertaken or carried out in that area by any person or body, including a department of Government unless permission for the development has been obtained in writing from the Vice Chairman in accordance with the provisions of the Act.
(2.) IN the present case, learned counsel appearing on behalf of the fourth respondent has stated before the Court that development is being carried out by the District Administration on land bearing Gata No.13(kha) for which no application seeking permission was submitted and the construction work is unauthorized. Learned counsel further states, on instructions, that the land is reserved for a park and adjacent thereto is land belonging to the Gaon Sabha, Manoharpur.
(3.) IN our view, it is a matter of serious concern that an agency of the Government has commenced construction on public land without an approved map and without the permission of the Development Authority. Section 14(1) does not exempt any department of the Government from seeking the requisite permission under the Act which governs urban planning in the State. Allowing agencies of the Government to carry out development without permission as required by the Urban Planning and Development Act, 1973, would only result in unregulated development. We are of the view that the issue which has been raised is of a serious nature and the Vice Chairperson of the fourth respondent should immediately take necessary steps in accordance with law. It is necessary for the fourth respondent as well as the agency of the Government to have a fresh look as to whether a post mortem house of this nature should be constructed in close proximity of a residential colony. We, accordingly, direct the Vice Chairman of the fourth respondent to appropriately inquire into the matter and after due notice to the affected parties, take necessary action as may be warranted in law after complying with the principles of natural justice. We clarify at this stage that the observations which are contained in this order in regard to the factual allegations which have been made by the petitioner shall not be considered as conclusive findings of fact. We have left it open to the fourth respondent, namely, the Vice -Chairman of the Moradabad Development Authority to make a final determination on the basis of the factual enquiry consistent with the principles of natural justice. With these observations, we dispose of the petition with the direction that the process shall be completed by the Vice -Chairman of the Development Authority expeditiously.;