A.P. Sahi, J. - (1.) THIS petitioner questions the legality and validity of the order passed by Allahabad Development Authority, relating to demolition of the alleged unauthorized constructions raised by the petitioner, over a Plot of land measuring 152.65 Sq. Metres situate within the premises of Bungalow No. 17, Tagore Town, Allahabad, and for a direction commanding the Development Authority to supply a copy of the letter dated 4.3.2003 with a further permission to the petitioner to submit his reply in order to meet the objections raised by the Development Authority on the application of the petitioner regarding compounding. A further prayer for issuing any other suitable writ or order has also been made in view of the facts and circumstances of the case.
(2.) THE facts shorn of details are that the petitioner purchased the aforesaid plot from the erstwhile owners through a sale deed dated 31.8.2000. After having purchased the land, the petitioner submitted a Map for being sanctioned by the Allahabad Development Authority under the provisions of THE U.P. Urban Planning Development Act, 1976 and the Regulations framed there under. Permission is required as per Section 14 of the aforesaid Act. According to the petitioner, the constructions were raised when on 31.7.2002, a notice was issued to the Petitioner calling upon him to explain about the alleged unauthorized constructions. THE said Notice was dispatched by the Junior Engineer of the Development Authority at Allahabad in which there was an offer made that the petitioner may apply for compounding of the unauthorized construction in view of the scheme as floated under the orders of the State Government namely "Saral Shaman Yojna". A copy of the said scheme together with its Annexures has been placed before the Court by the learned counsel for the petitioner. In response to the said Notice dated 31.8.2002, the Petitioner filed an Application for compounding of that portion of the building which was stated to be in violation of the sanctioned Map. Alongwith the Application, the requisite fee of Rs. 10,000/- for processing the same had also been deposited. It is the contention of the petitioner that without informing the petitioner about the out come of the said application moved for compounding, the Respondents, at the instance of the complainant and administration, proceeded to pass orders of demolition and further acted upon the same by resorting to demolition. The order to that effect passed by the Development Authority impugned in the present petition dated 27.9.2007 is Annex- ure-4 to the writ petition. The petitioner filed an Appeal before the Commissioner which was dismissed on 21.11.2007 against which the petitioner preferred a Revision before the State Government which has also been dismissed on 14.12.2007. Aggrieved, the petitioner has filed the present petition.
(3.) IT is contended on behalf of the Petitioner that the stand taken in the counter affidavit that the Petitioner was served with a Notice on 4.3.2003 to remove the defects as pointed out therein for the purposes of compounding is wrong inasmuch as the said Notice was allegedly served on one Abdul Washed and not on the petitioner and that there is no reference about the service of the said Notice on the petitioner either in the order of the Development Authority, the order of the Commissioner or of the State Government. It is further submitted that the allegation of having served the order dated 13.5.2003 whereby the compounding application of the petitioner is stated to have been rejected, is absolutely false and endorsement made on the receipt dated 19.5.2003 is fake inasmuch as the petitioner's father was through out living at Kolkata at that point of time when the copy of the order is said to have been served on the Petitioner. It has been contended that the order dated 13.5.2003 has seen the light of the day for first time before this Court in spite of the fact that the Petitioner has continuously demanded the copy of the same under the Right to Information Act and which has not been supplied to the petitioner till date.;