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2007 Supreme(All) 2177

B.S.CHAUHAN, RAKESH SHARMA
SYED MADADGAR HUSAIN RIZVI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Ravi Kant, Shashi Nandan, Nikhil Agrawal and Vishnu Gupta for the Petitioners; V.B. Singh, Satish Chaturvedi, Vivek Verma, S.C. for the Respondents.

JUDGMENT

Hon’ble Dr. B.S. Chauhan, J.—The petitioner No. 1, who is the landlord of the land situate at X-9, Civil Station, Sardar Patel Marg, Allahabad and petitioner No. 2, a builder and developer of the building raised on the said site, have approached this Court assailing the order dated 18.5.2007 passed by the Vice Chairman, Allahabad Development Authority, Allahabad (hereinafter called the ‘Development Authority’) rejecting the application for compounding of unauthorised constructions raised against the sanctioned map/plan over the plot in dispute and issuing a direction to the Zonal Officer under the Uttar Pradesh Urban Planning and Development Act, 1973 (hereinafter called the ‘Act 1973’) to take appropriate action against the petitioners.

2. The petitioner No. 1, owner of the aforesaid plot, i.e. X-9, Civil Station, Sardar Patel Marg, Allahabad, entered into a builder’s agreement with M/s. Tulsiani Construction & Developers Limited on 15.6.2004 for construction of a commercial-cum-residential complex at the said site. A building plan for construction of commercial-cum-residential complex was sanctioned by the Development Authority on 13.7.2004. It appears from the record that

















































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