This writ petition is about constitutions made unauthorisedly and the scope of condoning the unauthorised structures by an exercise known as compounding. The issue plainly is on what is the concept, in urban planning, of condoning an unauthorised construction on the payment of a penalty and at what stage an unauthorised construction falls within the realm of an illegal act, the condonation of which the law does not permit under any circumstances.

2. The facts on record in this case are:

In Allahabad, the north sector of it, at the crossing of Beli Road and Batuk Krishna Banerjee Road, is a property which originally was owned by Lt. General D. W. Chakrovorti. It was purchased subsequently by the late Kedar Nath Tiwari, who became its owner. The municipal number of the property is 2-A, Beli Road. Kedar Nath Tiwari died leaving the property in the hands, of his heirs, namely, Smt. Bimala Devi, his widow and Shri Nirmal Chandra Tiwari, his son. During the pendency of the present writ petition, Nirmal Chandra Tiwari, the petitioners No. 2, died. His heirs were permitted to be brought on record.

3. The facts which become issues between the petitioners, the Allahabad Dev