Disposed

Israr Ahmad v. State of U.P. Thru. Addl. Chief Secy. Urban Development Civil Secrt. Lko. and Others

Allahabad HC18 May 2022/2813/2022

Case brief

AI extract

What is this about?

The court disposed of a writ petition regarding the non-sanctioning of a building map for an allotted shop. The bench directed the Nagar Palika Parishad to submit the map to the competent authority within a stipulated period for consideration.

What did the court decide?

Directions issued to the Nagar Palika Parishad to forward the building map to the competent authority for sanction within ten to four weeks.

Israr Ahmad Vs State of U.P. Thru. Addl. Chief Secy… — Property and Title | Allahabad HC (2022)

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Court No. - 2

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Case :- WRIT - C No. - 2813 of 2022

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Petitioner :- Israr Ahmad

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Respondent :- State Of U.P. Thru. Addl. Chief Secy. Urban Development Civil Secrt. Lko. And Others Counsel for Petitioner :- Mohammad Ehtesham Khan Counsel for Respondent :- C.S.C.,Virendra Mishra

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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, learned State Counsel and Mr. Virendra Mishra, learned counsel representing the Nagar Palika Parishad, Sultanpur.

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Pursuant to an order dated 18.02.2015 passed by a coordinate Bench of this Court in an earlier writ petition filed by the petitioner namely Writ Petition No.11589 (MB) of 2013 the petitioner is said to have deposited the price of the shop and has also submitted the map for getting it sanctioned from the Competent Authority under the Uttar Pradesh (Regulation of Building Operations) Act, however, the map has not been sanctioned.

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It is the submission of the learned counsel for the petitioner that the map has been submitted to the Nagar Palika Parishad, however, the authorities of Nagar Palika Parishad have not forwarded to the same to the competent authority Uttar Pradesh (Regulation of Building Operations) Act.

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Annexure No.4 is the allotment order dated 5.8.2015, whereby certain space was allotted to the petitioner for construction of a shop within area of 12 Feet/8 Feet on the first floor of Shop Nos.27 and 28 situate in Indira Market, Sultanpur. The petitioner is said to have made the entire deposit in terms of the said allotment order dated 5.8.2015. Clause 5 of the said allotment order states that construction of the shop shall be permitted only once the map is sanctioned.

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In the aforesaid view of the matter, we dispose of this writ petition with liberty to the petitioner to approach the Executive Officer of Nagar Palika Parishad, Sultanpur by submitting an application annexing therewith the map which the petitioner intends to get sanctioned within one week from today. Once any such map is submitted with the Executive Officer of Nagar Palika Parishad, Sultanpur, the same shall be forwarded to the competent authority under the Uttar Pradesh (Regulation of

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Building Operations) Act within next ten days along with noobjection certificate and fulfilling other requisites which may be required at the end of the Nagar Palika Parishad, Sultanpur.

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On receipt of the map, the competent authority under the Uttar Pradesh (Regulation of Building Operations) Act shall consider and sanction the map as per law within next four weeks. The decision which may be taken in this regard by the competent authority under the Uttar Pradesh (Regulation of Building Operations) Act shall be immediately communicated to the petitioner as well.

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With the aforesaid observations and directions writ petition stands disposed of .

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(Subhash Vidyarthi, J.) (Devendra Kumar Upadhyaya, J.)

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Order Date :- 18.5.2022 Ram.

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Digitally signed by RAM SINGH Date: 2022.05.18 14:52:13 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Israr Ahmad v. State of U.P. Thru. Addl. Chief Secy. Urban Development Civil Secrt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Israr Ahmad v. State of U.P. Thru. Addl. Chief Secy. Urban Development Civil Secrt. Lko. and Others

Case brief

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What did the court decide?

What the court decided

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