D. B. Kauser vs State Of U. P. - 2023 Supreme(All) 682

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 682

KSHITIJ SHAILENDRA
D. B. Kauser – Appellant
Versus
State Of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Rollie Kausar, Ravi Kant, Seema Aggarwal, Sr. Advocate
For the Respondent: C.S.C.,H.P. Singh, Nisheeth Yadav, Not Known, Prakash Chandra Srivastav, Prakash Chandra Srivastava, S.C.,Sriprakash Singh

JUDGMENT :

1. This writ petition has been filed challenging the order dated 07.01.2016 whereby the State Government, in exercise of powers under Section 41(3) of the U.P. Urban Planning & Development Act-1973 (hereinafter referred to as ‘the Act- 1973’), has decided a Revision No.33/12 (Smt. Lakshmi Singh v. Allahabad Development Authority & Ors.) remanding the matter to the Allahabad Development Authority with a direction to dispose off the compounding map submitted by the revisionist (Lakshmi Singh) in 2005, after providing opportunity of hearing to all the parties and in the light of Rules, Bye-laws and Government Orders relating to compounding.

2. The petitioner has also claimed quashing of all proceedings pursuant to the application filed by the respondent no.5 for compounding of unauthorized constructions with a further prayer to direct the Development Authority to demolish the unauthorized constructions allegedly raised by the respondent no.5 allegedly over the petitioner’s plot.

Facts of the case.

3. The Secretary of Anant Avas Sahkari Samiti Limited (in short ‘Society’) purchased free-hold land covered Arazi Nos. 91, 92, 93, 125 and 126/1, Mauja Muirabad, Allahabad from one Mr