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2005 Supreme(All) 1009

B.S.CHAUHAN, DILIP GUPTA
Suraksha Rani Chopra Wife of Mahendra Lal Chopra and Yogesh Kumar Chopra – Appellant
Versus
State of U. P. – Respondent


Advocates:
A.K.MISHRA, C.K.Rai, RAJEEV MISHRA,

B. S. CHAUHAN, J.

( 1 ) THIS writ petition has been filed for quashing the show cause notice dated 27. 4. 2005 (Annex. 21); earlier similar notice dated 18. 10. 2003 (Annex. 20); and further FOR direction to decide the applications dated 31. 3. 2000 and 1. 5. 2000 (Annex. 3 and 4) of the petitioners, for compounding the construction raised in contravention of the Sanction Plan and for permitting change of user of the property in dispute.

( 2 ) THE facts and circumstances giving rise to this case are that petitioner had purchased Property no. II/b-1, Nehru Nagar, District Ghaziabad, measuring 572. 40 sq. mtrs. vide Registered Sale deed dated 7. 10. 1983. Petitioners applied for sanction of the Plan for construction over the said land, and it was sanctioned by the Ghaziabad Development Authority (hereinafter called the authority) respondent No. 3 vide order dated 11. 11. 1983 for residential purpose. Petitioners raised constructions to a certain extent in addition to and in contravention of the Plan sanctioned by the Authority. The petitioners thereafter filed applications for change of user, i. e. from residential to commercial, and further to compound the construction raised by the







































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