- (1.) KDP Buildwell Private Limited(petitioner), which had purchased a plot bearing Khasra No.1833-A admeasuring 7106.85 sq. mts. in Sadar Pur, Swaran Jyantipuram, Ghaziabad from the Ghaziabad Development Authority, Ghaziabad(Development Authority) by a sale deed dated 29 March 2012 for sale consideration of Rs.4,02,17,840/-, has filed this petition for a direction upon the Provincial Armed Constabulary, Moradabad(PAC) for granting a No Objection Certificate(the NOC) for a group housing project on the aforesaid plot which adjoins the plots provided to the PAC by the Development Authority.
(2.) It is stated that after purchase of the aforesaid plot, the petitioner submitted a plan with the requisite fee in the office of the Development Authority for construction of a residential colony. The Executive Engineer of Paschimanchal Vidyut Vitran Nigam Limited, Ghaziabad granted the NOC on 5 October 2012, the Chief Fire Officer, Ghaziabad granted the NOC on 6 October 2012, the Tehsildar/Property In-charge of the Ghaziabad Nagar Nigam granted the NOC on 7 December 2012, the State Level Environment Impact Assessment Authority granted the environmental clearance for the proposed group housing on 17 April 2013 and the Wing Commander in the Government of India, Ministry of Defence granted the NOC to the petitioner on 4 June 2013 for construction of 64.05 mts. high building subject to certain conditions. The Development Authority also sent a communication dated 15 April 2013 to the Commandant, 47th Bn. PAC for granting the NOC. This communication was received by the Commandant on 20 April 2013. However, a communication dated 8 September 2013 was sent by the Commandant expressing the inability of the PAC in granting the NOC for security reasons. The petitioner, thereafter, made repeated requests to the Commandant, 47th Bn. PAC by letters dated 11 September 2013, 3 April 2014, 4 August 2014 and 16 August 2014 to reconsider granting the NOC as enough security measures had been taken by it but it is stated that no decision has been taken on these communications.
(3.) A short counter affidavit has been filed on behalf of the Development Authority which has been impleaded as respondent no.4 in the writ petition. It has been stated that Govindpuram and Swaran Jyantipuram Schemes have been shown in the Master Plan in Sectors 29 and 27 respectively. Swaran Jyantipuram, which is in Sector 27, is earmarked for residential use. Shanti Surkasha Bal was also provided 17.17 acres of land which had been acquired for the Development Authority in this Sector and it is this land which subsequently transferred to PAC. It has also been stated that the entire land which was acquired by the Development Authority was planned for residential use. The land which was meant for group housing was later on sold to the petitioner by the Development Authority. The Development Authority has also come out with a specific case in the short counter affidavit that the U.P. (Regulation of Building Operation) Directions, 1960(1960 Directions) were in force before the commencement of the U.P. Urban Planning and Development Act, 1973(1973 Act) and now as the provisions of Bhawan Nirman Evam Vikas Upvidhi, 2008(2008 Upvidhi) are applicable, there is no need for taking NOC from PAC. In this connection, the communication dated 13 February 2015 sent by the Development Authority to the Commandant, 47th Bn. PAC withdrawing it earlier communication dated 15 April 2013 for granting the NOC has been enclosed with the short counter affidavit. The letter also mentions that the conditions regarding security contained in the approval granted by the Development Authority on 24 January 2013 shall, however, continue to remain operative.;