Disposed

Snehlata Verma v. State of U.P. Thru. Prin. Secy. Housing and Urban Planning Civil Sect. Lko and 6 Other

Allahabad HC24 May 2022/2628/2022

Case brief

AI extract

What is this about?

The court examined the statutory scheme regarding delegation of appeal powers under the Uttar Pradesh Urban Planning and Development Act. It held that the power to hear appeals under Section 28-A(4) is not delegated to the Parishad.', allowing the appeal to be filed before the Lucknow Development Authority. The court also permitted a stay application. The petition was disposed of pending further o

What did the court decide?

Permission to file an appeal against the impugned order before the Chairman, Lucknow Development Authority/Commissioner, Lucknow Division, and permission to file a stay application along with the appe

Snehlata Verma Vs State of U.P. Thru. Prin… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 2

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Case :- WRIT - C No. - 2628 of 2022

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Petitioner :- Snehlata Verma

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Respondent :- State of U.P. Thru. Prin. Secy. Housing And Urban Planning Civil Sect. Lko And 6 Other Counsel for Petitioner :- Navneet Awasthi,Gaurav Chand Kaushik

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Counsel for Respondent :- C.S.C.,Ratnesh Chandra

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Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Subhash Vidyarthi,J.

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Heard learned counsel for the petitioner and Shri Ratnesh Chandra, learned counsel representing the Avas Evam Vikas Parishad.

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It has been stated by learned counsel representing the Avas Evam Vikas Parishad that as per provision contained in Section 51 (2) of The Uttar Pradesh Urban Planning and Development Act though the powers to be exercised under Section 28-A (1) has been delegated to the Executive Engineer of the Avas Evam Vikas Parishad, however, the power to hear the appeal against such order passed under Section 28-A (1) in terms of the provisions contained in Section 28-A (4) of the Act have not been delegated to any of the authorities of the Avas Evam Vikas Parishad.

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Accordingly, as per the submission made by Shri Ratnesh Chandra, learned counsel representing the Avas Evam Vikas Parishad, the appeal under Section 28-A (4) of The Uttar Pradesh Urban Planning and Development Act would lie before the Chairman of the Lucknow Development Authority/Commissioner, Lucknow Division, Lucknow.

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In the aforesaid view of the matter, we permit the petitioner to file an appeal challenging the order passed under Section 28-A (1) before the Chairman, Lucknow Development Authority/Commissioner, Lucknow Division, Lucknow within a week from today. In case any such appeal is preferred, the same shall be considered and decided by the Chairman, Lucknow Development Authority/Commissioner, Lucknow Division, Lucknow expeditiously.

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We also permit the petitioner to move stay application and in case, any such stay application is filed alongwith the appeal, the same shall also be considered and decided by the appellate authority with expedition say within a period of two weeks

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from the date such an application is moved.

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It is further directed that till the decision of the stay application, if it is moved by the petitioner alongwith appeal, is decided, no coercive measures shall be taken against her. However, this order will not be available to the petitioner, if she does not comply with any of the terms of the order.

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With the aforesaid observations and directions, the writ petition is disposed of .

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Order Date :- 24.5.2022 Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.05.24 19:50:05 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Snehlata Verma v. State of U.P. Thru. Prin. Secy. Housing and Urban Planning Civil Sect. Lko and 6 Other

Case brief

What is this about?

What did the court decide?

Snehlata Verma v. State of U.P. Thru. Prin. Secy. Housing and Urban Planning Civil Sect. Lko and 6 Other

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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