S. D. Agarwala, J. - (1.) THIS is a petition under Article 226 of the Constitution of India filed by Allora Sahkari Avas Samiti Ltd. THIS petition was filed on 20th June, 1984. Learned Standing Counsel appearing for respondents Nos. 1 and 4 were allowed a week's time to obtain instructions. Shri Swami Dayal also put in appearance on behalf of the respondents No. 2 and 3 and he was also granted a week's time for obtaining instructions. On 13th July, 1984 the counsel for the respondents were granted two weeks for filing counter affidavits and it was directed that the case be listed for admission on 3rd August, 1984. It was made clear in the order that the writ petition itself shall be disposed of finally on that date. THIS order was passed by Hon'ble V. K. Khanna, J.
(2.) AFTER 13th July, 1984 this petition came up for admission before me. Counter and rejoinder affidavits have been exchanged. The counsel for the parties agreed that the petition itself be disposed of finally and consequently I had heard learned counsel for the petitioner as well as learned counsel for the respondents at length. Learned counsel for the respondents took a preliminary objection to the effect that the petitioner has an alternative remedy by way of a revision under Section 15-A of the U. P. (Regulation of Building Operations) Act, 1958, hereinafter referred to as the Act, and as such the present petition is not maintainable and should not be entertained by this Court. The petitioner is a registered society. The petitioner submitted a lay out plan to the Prescribed Authority constituted under the Act for developing a residential colony in the city of Agra. In the petition the petitioner has sought a writ of certiorari for quashing the order dated 1-6-1984 passed by the controlling authority constituted under the Act.
(3.) BY an order dated 9th of August, 1983 the Prescribed Authority approved the lay out plan submitted by the petitioner. Against the said order dated 9th of August, 1983, the respondents Nos. 2 and 3 filed an appeal before the controlling authority. The controlling authority passed an order dated 1-6-1984 allowing the appeal and cancelling the permission granted by the prescribed authority dated 9th of August, 1983. It may here be stated that in the impugned order the date of the order of the Prescribed Authority has been mentioned as 9th May, 1983. The respondents have clarified in their counter affidavits that it was by mistake that the date Sth May, 1983 was mentioned. In fact, it should have been 9th August, 1983. The original record was also produced before me and it is correct that the actual order by which the Prescribed Authority granted permission was 9th August, 1983. It is not disputed that the area in dispute has been declared to be a regulated area within the meaning of the Act. Section 6 of the Act provides that no person shall undertake or carry out the development of any site in any regulated area except in accordance with the regulations framed under the Act and with previous permission of the Prescribed Authority in writing. Section 7 of the Act provides that the application under Section 6 for permission has to be made in writing to the Prescribed Authority in such form and containing such information as may be prescribed. The further sub-clauses of this section provide the manner in which the authority has to consider the application for permission. Section 15 (2) of the Act further provides that if any person is aggrieved by an order under Section 7 refusing or granting permission, he has a right to file an appeal to the controlling authority within 30 days from the date of the order, and the order of the controlling authority shall be final and shall not be called in question in any Court. Section 15-A of the Act empowers the State Government at any time either of its own motion or on an application made to it in this behalf, call for the record of any case disposed of by the controlling authority for the purpose of satisfying itself as to the legality or propriety of any order passed under this Act and may pass such order in relation thereto as it may deem fit. Section 15-A, therefore, entitles the person aggrieved by the order of controlling authority to file a revision before the State Government.;