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2023 Supreme(All) 370

JAYANT BANERJI, MANOJ KUMAR GUPTA
Amrita Bhati – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Gautam Kumar.
For the Respondent: C.S.C., Suresh Singh.

JUDGMENT :

(Manoj Kumar Gupta, J.)

1. The petitioner has challenged the constitutional validity of Section 10 of the U.P. Industrial Area Development Act, 1976 (for short ‘the Act’); the notification dated 18.12.2015, issued under the proviso to clause (1) of Article 243-Q of the Constitution of India; the notification dated 22.8.2001, issued by the State Government, under Section 2(d) of the Act and the order dated 29.8.2022, passed by the Competent Authority, Yamuna Expressway Industrial Development Authority, Gautam Budh Nagar (respondent no. 3 – for short ‘the Authority’).

BACKGROUND

2. The petitioner claims to be co-owner of a residential plot in Khasra No. 422, area 561.86 square meters, Dankaur, Gautam Budh Nagar on basis of a sale deed dated 12.3.2021, executed in her favour by one Satish Goyal. The impugned order passed by respondent no. 3 dated 29.8.2022 records that an inspection was made by the officials of the Authority on 1.4.2022 and whereupon it transpired that the petitioner had sub-divided the plot and had raised illegal constructions over it. The same was prejudicially affecting the proper planning of the industrial development area and falls within the mischief

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