Disposed

Smt Poonam Srivastava and 45 Others v. State of U.P. and 4 Others

Allahabad HC17 Jul 2023WRIC/18440/2023

Case brief

AI extract

What is this about?

Petitioners challenged show cause notices for unauthorized constructions and sought to restrain implementation of the Master Plan. The Court clarified that restraining the Master Plan without a challenge to it was not open. The petition was disposed of without exploring objections to the notices.

What did the court decide?

Prayer to restrain the implementation of the Master Plan was declined as no challenge was made to the plan.

Smt Poonam Srivastava and 45 Others Vs State of U.P… — Landlord and Tenant | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:141115-DB

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Court No. - 46

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Case :- WRIT - C No. - 18440 of 2023

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Petitioner :- Smt Poonam Srivastava And 45 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Virendra Singh Patel Counsel for Respondent :- C.S.C.,Prabhat Tripathi

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Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.

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Following prayers are made in the writ petition:-

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"(i) Issue a writ, order or direction in the nature of Mandamus directing the respondent authority to not implement and act upon their master plan of the year 2021 effective from 2005 in respect of Arazi No. 1084, 1099 situated in the Mauza Dadiyapura, Jhansi, Arazi No. 229, 233, 236, 265 situated in the Mauza Talpura, Jhansi & Arazi No. 931 situated in the Pichor, Jhansi.

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(ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing to the respondent No. 2 to consider and decide the representation of the petitioners by invoking their power s available under Section 13 of the U.P. Urban Planning & Development Act, 1973 to amending the Master Plan keeping in view of the present use of land."

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By way of amendment, following additional prayers are introduced which are as under:-

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"(i) Issue a writ, order or direction in the nature of Certiorari quashing the Show Cause Notices issued by the respondent Nos. 2 & 3, in pursuance to the Master Plan, 2021.

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(ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing to the respondents not to interfere in the peaceful living and working of the petitioners."

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There are 46 petitioners in the present writ, who are all aggrieved by show cause notices issued by the Development Authority calling upon them to demolish their unauthorized constructions. These notices are challenged on various grounds.

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Admittedly none of the petitioners have any sanctioned plan obtained from the Development Authority and it is otherwise not disputed that the plots owned by all the petitioners situate within the development area of the Jhansi Development Authority. In

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view of specific statutory mandate contained in Sections 14 and 15 of the Act of 1973, it would not be possible for any occupant of plot to raise constructions without obtaining prior permission of the Development Authority, in accordance with the Act of 1973. For any other objections, which may be available to the petitioners, it is always open for them to file an objection to the notice itself, which shall be dealt with, in accordance with law.

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We may otherwise clarify that without there being any challenge to the master plan, it would not be open for this Court to entertain a prayer to restrain the respondents from implementing the master plan. Prayer in that regard is, therefore, declined.

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Leaving it open to the petitioners to pursue their remedy before the competent forum, in accordance with the Act of 1973, this petition is cosigned to records.

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Order Date :- 17.7.2023 RA

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Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad

Smt Poonam Srivastava and 45 Others v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Smt Poonam Srivastava and 45 Others v. State of U.P. and 4 Others

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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