Ram Surat Ram, J. - (1.) Heard Sri Shashi Nandan, Senior Advocate, assisted by Sri Ashish Kumar Srivastav, for Jnanamandal Ltd., Sri G.K. Singh, Senior Advocate, assisted by Sri Hritudhwaj Pratap Sahi and Sri V.K. Singh, for Kamdhenu Apartment Residents Society, Standing Counsel, for State of U.P. and Sri Vivek Verma, for Varanasi Development Authority.
(2.) Writ C No. 41046 of 2017 has been filed by Kamdhenu Apartment Residents Society (a registered society of residents of apartment) against the order of State of U.P. dated 22.12.2016, allowing the review application of Jnanamandal Ltd., reviewing order dated 05.11.2014 and remanding the matter to Chairman, Varanasi Development Authority, to pass a fresh order, on application of Jnanamandal Ltd. for compounding the constructions, in the light of terms and conditions imposed at the time of sanction of original Lay-out plan of Group Housing Building, situated at premises nos. B-31/18, B-31/18-A and B-31/18-B (part of plot nos. 17 and 18 at mauza Nagwan, pargana Dehat Amanat), Lanka, Varanasi. Writ C No. 2385 of 2018 has been filed by Jnanamandal Ltd. against the orders of Chairman, Varanasi Development Authority, dated 31.10.2017, dismissing the appeals against notices dated 15.01.2015 and 20.01.2015, issued by Varanasi Development Authority, for demolition of illegal construction, rejecting the application of Jnanamandal Ltd., for compounding the constructions, the order dated 10.01.2018, declining to grant exparte interim order and for mandamus directing the Chairman to decide Appeal No. 38 of 2009 along with Appeal No. C-201814000000082 of 2017, in compliance of the order of State of U.P. dated 22.12.2016. Subject matter of both the writ petitions are same as such these writ petitions were consolidated and heard together.
(3.) Jnanamandal Ltd. (hereinafter referred to as "the company") is a company, registered under Indian Companies Act, 1956. The Company decided to construct a multi-stories building at premises nos. B-31/18, B-31/18-A and B-31/18-B, (part of plot nos. 17 and 18,situated at mauza Nagwan, pargana Dehat Amanat), Lanka, Varanasi. Varanasi Development Authority (hereinafter referred to as the VDA) sanctioned lay-out plan of multi-storied building (consisting 70 flats of 'Kamdhenu Apartment') on 04.05.2001 (issued on 13.08.2001). According to lay-out plan, as originally sanctioned, total area of the land was 4673.247 Sq. meter, built up area was 1700 Sq. meter, area covered with road was 1300 Sq. meter and 1600 Sq. meter was left for setback, parking, green land, community centre etc. In the east of this land 30 meter wide Lanka-BHU road exists. Frontage of this land on Lanka-BHU road was 72.94 meter. Out of which, a 12 meter wide road was shown in northern side and remaining land of 62.94 meter x 8.15 meter (denoted by letter 'ka') was shown as garage for parking, in lay-out plan. In southern corner of eastern side, an area of 13.34 meter x 24.87 meter land (denoted by letter 'kha') was vacant. The company is not owner of this land shown by letter 'kha'. In northern corner of western side of this land, an area of 32.46 meter x 29.42 meter (denoted by letter 'ga') was shown as old constructions. While sanctioning the lay-out plan a condition was imposed to demolish old constructions lying over the land shown by letters 'ka' and 'ga'.;