- (1.) Dispute in this writ petition relates to sanction of map in respect to proposed construction by petitioner. Petitioner claims to have submitted requisite documents for sanction of proposed plan of construction, before Ghaziabad Development Authority (hereinafter referred to as 'GDA') in accordance with rules and by-laws framed under U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as 'Act, 1973'). Vide order dated 9th March, 2004, District Magistrate, Ghaziabad has declined to grant permission for construction of Multiplex Cinema Hall on the ground that proposal of acquisition of land in dispute has been forwarded to State Government and also that there are already a number of Cinema Halls, hence no further Multiplex Cinema Hall would be appropriate.
(2.) Similarly GDA has also declined further action on documents submitted by petitioner and denied sanction on the ground that acquisition proceedings for disputed land is going on.
(3.) Letter dated 17th July, 2001 has been issued by GDA, to District Magistrate, Gautambudh Nagar stating that Sub-Registrar, Dadari be instructed not to register any instrument of sale of immovable property without clearance from GDA. Vide letter dated 10.02.2005, Secretary, GDA informed petitioner that its proposed map has already been rejected and no further action is permissible. In respect to order declining sanction of map, there is a statutory alternative remedy of appeal under Section 15(5) of Act, 1973. Since there is statutory remedy available to petitioner, there is no justification not to relegate petitioner to avail aforesaid alternative remedy.;