2010 Supreme(All) 2788
[2010(8) ADJ 51 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : RAKESH TIWARI, J.
VIJAY KUMAR JAISWAL ....Petitioner
Versus
SHEO SHANKER LAL GUPTA AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 8477 of 2002, decided on 18th August, 2010)
Act Referred
UTTAR PRADESH URBAN BUILDINGS REGULATION OF LETTING, RENT AND EVICTION ACT : S.21(1)(b)
UTTAR PRADESH URBAN BUILDINGS REGULATION OF LETTING, RENT AND EVICTION RULES : R.17(iii)
Headnote
U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972—Section 21(1)(b)—U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972—Rule 17(iii)—Eviction—Demolition and New construction—Rejection of map by Development Authority—Only objection of petitioner against release application was that map submitted by landlord for reconstruction was rejected by the local body/Kanpur Development Authority/as it was not in accordance with bye-laws—Held, in view of fact that building was in dilapidated condition, Court below has rightly allowed the release application—If building plan was not in accordance with bye-laws or there was some difference in the map the same could have been removed by landlord and another building plan could have been submitted—No interference may be made in impugned orders.
Petition Dismissed.
Advocates:
Counsel :
D.V. Jaiswal for the Petitioner; M.K. Rajvanshi, C.S.C. for the Respondents.
VIJAY KUMAR JAISWAL vs SHEO SHANKER LAL GUPTA - 2010 Supreme(All) 2788