R. H. ZAIDI, BHANWAR SINGH, JJ.

( 1 ) BY means of this petition filed under Article 226 of the Constitution of India, petitioner prays for Issuance of a writ, order or direction in the nature of mandamus commanding the opposite parties not to demolish the construction raised by the petitioner in accordance with the map submitted by her to Nagar Palika, Unnao and to restrain them from realising compounding fee from her. Prayers for declaring the provision of Section 32 of the U. P. Urban Planning and development Act, 1973, ultra vires the Constitution of India and for a writ in the nature of certiorari quashing the impugned notification dated 2. 4. 1986 have also been made.

( 2 ) RELEVANT facts of the case giving rise to the present petition as unfolded in the writ petition, are that the petitioner submitted a building plan along with the notice under Section 178 of the U. P. Municipalities Act, 1916 for short the Act, before Nagar Palika, Unnao on 19. 3. 1983 for permission to construct a building. For more than 30 days, the petitioner waited for the orders of the Municipal Board but the building plan submitted by her was neither approved nor disapproved within the period prescribe

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