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1988 Supreme(All) 7

S.K.DHAON, D.S.SINHA
METHODIST CHURCH IN INDIA, BAREILLY – Appellant
Versus
BAREILLY DEVELOPMENT AUTHORITY – Respondent


Advocates Appeared:
Murli Dhar, Shashi Nandan

( 1 ) D. S. SINHA, J. :- In the instant petition the Mathodist Church in India, Bareilly, had challenged the two officers of the Deputy, Secretary, Bareilly Development Authority, Bareilly, dt. 17-6-1987 and 15-7-1987, true copies whereof are enclosed as Annexure-V to the petition, and Annexure-III to the affidavit, filed in support of the amendment application respectively. Through these orders the constructions, being raised by the petitioner, have been declared illegal and it has been called upon to demolish them. The events, giving rise to the instant petition, are as follows :

( 2 ) ON 14-3-1983, the petitioner submitted to the Bareilly Development Authority, Bareilly, hereinafter referred to as the Development Authority, a plan for approval and permission under S. 14 of the U. P. Urban Planning and Development Act, 1973 hereinafter called the Act for raising certain constructions at 95, Civil Lines, Bareilly. The plan was approved and the requisite permission for raising constructions was accorded by means of an order dt. 11-11-1983, a true copy whereof is Annexure-I to the petition. This order was subject to several conditions. One of the conditions, namely, condition No. 6,


























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