R.R.K.Trivedi, M.Katju, JJ. - (1.) This writ petition has been filed for the relief to quash the relevant provision in Rule 1.5 of Part two of the Building Construction bye-laws of the respondent No. 1 by which it has been provided that the land having 200 sq. meters area or above shall alone be allowed for building construction in Civil Lines Zone of Allahabad, and for a mandamus to the respondents to accord sanction to the plan submitted by the petitioner.
(2.) We have heard the learned counsel for the petitioner and Shri Amarjit Singh, learned counsel for the respondents. By order dated 6.8.1997, learned counsel for the respondents was granted time for filing counter-affidavit. However, no counter-affidavit has been filed. Learned counsel for the respondents submitted that writ petition may be heard and decided finally without counter-affidavit.
(3.) The petitioner is an advocate practicing in this Court. On 28.8.1996 he purchased freehold land together with structures on it No. 3/A1, Drummond Road. Allahabad having an area of approximately 163.5 sq. meters. A true copy of the sale deed is Annexure 1 to the writ petition. The petitioner purchased the said property for constructing a new residential, house and chamber for his practice. On 18.10.1996, he submitted an application in the prescribed form before the respondents for approval of the map for making construction on the said land. It is stated in para 6 of the petition that this map is not being approved due to an arbitrary and illegal provision made in bye-law No. 1.5 of part 2.2 of the bye-laws relating to construction of houses according to which no land having less than 200 sq. meters in Civil Lines area can be permitted for construction. A true copy of the impugned bye-laws has been filed as Annexure 2 to the writ petition.;