ROHIT RANJAN AGARWAL
Tanya Marketing Private Limited – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Through this writ petition, a challenge has been made to the order dated 28.03.2022 passed by respondent no. 1 under Section 41(3) of U.P. Urban Planning and Development Act, 1973 (hereinafter referred as “the Act of 1973”) and order dated 06.03.2021 passed by Meerut Development Authority (hereinafter referred as “the Authority”) exercising power under Section 27(1) of the Act of 1973. The prayer has also been made for directing the respondent-Development Authority to remove the seal from the petitioner’s firm.
2. Facts leading to the present case, are that petitioner is engaged in the business of meat processing, after obtaining license from Agriculture and Processed Food Product Export Development Authority, Delhi (APEDA). The factory of the petitioner is situated at Khasra No. 81, 82, 70, 55A, 55B, 56A, 56B, 57, 59 and 60, Alipur, Jijwana, Hapur Road, Meerut. It is also registered under the Food Safety and Standards Authority of India (FSSAI).
3. It had sought a No Objection Certificate from District Magistrate, Meerut in the year 2013 for establishing an integrated meat processing plant and slaughtering house on the aforesaid khasra number. On 06.06.2013, conditional
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The judgment establishes the principle that compliance with statutory requirements, including obtaining prior permission and adhering to master plans and bye-laws, is mandatory. Non-compliance can le....
Prior development permissions granted under repealed rules remain valid despite subsequent regulatory changes, and cannot be revoked retroactively by new laws.
The Interim Development Order prevails over the older Master Plan and governs the issuance of building permits under the Kerala Town and Country Planning Act.
Accrued rights from previous land use approvals must be respected despite new regulations; Town Planner's jurisdiction to deny building plan approval was not established.
Regulatory powers of NOIDA cannot arbitrarily deny building permits; valid ownership rights must be respected and decisions must be backed by statutory reasons.
Regulatory authorities cannot arbitrarily deny building permits without valid statutory reasons, especially when ownership rights are undisputed.
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