1. A short question, as to whether an appeal lies against an order sanctioning the building plan under section 15 (5) of The U. P. Urban Planning and Development Act, 1973, arises in this appeal.

2. A few facts in the background qf which the present petition has been filed may first be stated in brief The petitioner and respondent no 2 are the owners of adjoining land in semi-hill town of Dehradun. There was some dispute between the parties which resulted in two cross-suits being filed in the civil court but the same was compromised by the parties. Thereafter the petitioner applies for sanction of a building plan in respect of the land owned by him and this again gave rise to several civil suits between the parties with which we are not concerned at present. It is undisputed that the plan submitted by the petitioner was sanctioned by the concerned authority. An appeal purporting to be one under section 15 (5) of the U. P. Urban Planning and Development Act, 1973 was filed by respondent no. 2. After filing of the appeal respondent no. 2 also applied for ad-interim relief which has been granted by respondent no. 1 vide its order dated 21-12-1989 (Annexure 7 to the writ petiti