ROYAL UNIQUE HOME SOLUTION PVT LTD Vs. STATE OF U P AND 4 OTHERS
LAWS(ALL)-2016-3-319
HIGH COURT OF ALLAHABAD
Decided on March 03,2016

Royal Unique Home Solution Pvt Ltd Appellant
VERSUS
State Of U P And 4 Others Respondents

JUDGEMENT

- (1.) The petitioners are aggrieved by the notice dated 23 February 2016 that has been issued by the Kanpur Development Authority, Kanpur (hereinafter referred to as the 'Development Authority') to the petitioners to remove the unauthorised constructions by 3 March 2016, failing which the Development Authority shall take steps for demolition of the property.
(2.) It is alleged that the petitioners purchased the property in dispute by a registered sale deed dated 7 March 2013 and, thereafter, the petitioners submitted a map for raising constructions. The Development Authority sanctioned the map under the provisions of the U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as the 'Act') on 3 March 2012 but subsequently took steps to initiate proceedings for cancellation of the map and ultimately by order dated 24 February 2015 the map was cancelled as the land has been reserved for the Railways in the Master Plan. Feeling aggrieved, the petitioners filed a revision under Section 41(3) of the Act which was allowed by the State Government by order dated 27 August 2015 and the matter was remanded to the Development Authority to decide it afresh in the light of the observations made in the order, particularly with regard to Section 14(3)(c) of the Act. The Vice-Chairman of the Development Authority by order dated 14 January 2016 again rejected the sanction of the map earlier granted.
(3.) It is stated that the petitioners have filed a revision under Section 41(3) of the Act on 12 February 2016 to assail the said order passed by the Vice-Chairman of the Development Authority which revision is said to be pending.;


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