- (1.) D. S. SINHA, J. :- In the instant petition the Mathodist Church in India, Bareilly, had challenged the two officers of the Deputy, Secretary, Bareilly Development Authority, Bareilly, dt. 17-6-1987 and 15-7-1987, true copies whereof are enclosed as Annexure-V to the petition, and Annexure-III to the affidavit, filed in support of the amendment application respectively. Through these orders the constructions, being raised by the petitioner, have been declared illegal and it has been called upon to demolish them. The events, giving rise to the instant petition, are as follows :
(2.) On 14-3-1983, the petitioner submitted to the Bareilly Development Authority, Bareilly, hereinafter referred to as the Development Authority, a plan for approval and permission under S.14 of the U.P. Urban Planning and Development Act, 1973 hereinafter called 'the Act' for raising certain constructions at 95, Civil Lines, Bareilly. The plan was approved and the requisite permission for raising constructions was accorded by means of an order dt. 11-11-1983, a true copy whereof is Annexure-I to the petition. This order was subject to several conditions. One of the conditions, namely, condition No. 6, was that the period of approval and permission would be three years and in the event of non-completion of the construction within the said period fresh approval and permission would have to be taken for raising the remaining constructions.
(3.) Only after about two and a half months of the approval and permission a communication dt. 27-1-1984, true copy whereof is Annexure-II to the petition, was issued from the office of the Development Authority, purporting to inform the petitioner that by means of an order dt. 24-1-1984 the plan submitted by the petitioner had been rejected. The actual order dt. 24-1-1984, referred to in the said communication, is Annexure-9 to the counter-affidavit of Sri Varma Jeet, Deputy Secretary, Development Authority, files along with the application, praying the Court to vacate the ex parte interim order.;