Smt. Meera Mishra Vs State of U.P. and 3 Others

Court No. - 34

Case :- WRIT - C No. - 18541 of 2020 Petitioner :- Smt. Meera Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Singh,Ashish Kumar Singh Counsel for Respondent :- C.S.C.,Anand Prakash Paul,Pawan Kumar Singh

¶3

Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Jayant Banerji,J.

¶4

Sri A.P. Paul, learned counsel for the Prayagraj Development Authority upon instructions admits that the notice dated 16.03.2020 was dispatched from the Office of the Development Authority on 08.04.2020 and the date fixed therein was 23.03.2020. Neither any other date for hearing was fixed when the notice was dispatched on 08.04.2020 nor any fresh intimation was given fixing any other date.

¶5

The order dated 02.09.2020 has, thus, been passed without granting opportunity much less reasonable opportunity to the petitioner to show-cause. Service of notice after 08.04.2020 upon the petitioner, therefore, would be of no consequence.

¶6

Proviso to Section 15(3) clearly shows that before any order refusing permission to make development on an application moved under sub-Section (3) of Section 15 of the U.P. Urban Planning and Development Act, 1973, is passed, the applicant has to be afforded a reasonable opportunity to show cause.

¶7

As admittedly no such opportunity has been granted to the petitioner herein, we do not find any good reason to sustain the order dated 02.09.2020.

¶8

On the limited issue of non providing due opportunity to the petitioner, the order dated 02.09.2020 passed by the respondent no.4, i.e. Special Work Officer/In-charge Officer (Technical Committee), Prayagraj Development Authority, is hereby set aside.

¶9

The respondents are directed to fix a date for providing personal hearing to the petitioner and pass a fresh order.

¶10

In view of the above, the present writ petition is disposed of .

¶11

Order Date :- 9.12.2020 P Kesari

Smt. Meera Mishra v. State of U.P. and 3 Others

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Smt. Meera Mishra v. State of U.P. and 3 Others

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