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MAHESH CHANDRA TRIPATHI, VIKAS BUDHWAR
Satya Homes Private Limited – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
VIKAS BUDHWAR, J.
1. Since common question of facts and law are involved in both the writ petitions, thus, they are being decided by a composite order.
2. The counsel for the rival parties have made a joint statement that they do not propose to file any further affidavits and the writ petitions be decided on the basis of the documents available on record, thus, with the consent of the parties, writ petitions are being decided at the admission stage.
Facts
Writ (C) No. 11108 of 2019 (Leading Writ Petition)
3. The facts of the leading writ petition are that there happens to be a certain piece of land being khasra Nos. 793 and 795 situated in Village Gulawali, Tehsil and District-Gautam Budh Nagar which was transferred in favour of the writ petitioners by virtue of three registered sale deeds namely (a) Khasra No. 793 admeasuring 4219 square meter on 20.06.2015, (b) Khasra No. 795 admeasuring 3372, square meter on 14.12.2015 and (c) Khasra No. 787 admeasuring 1980 square meter on 02.07.2015. As per the pleadings set out in Para 11, 16 and 17 of the writ petition, the Khasra Nos. 793, 795 and 787 situate in the village in question is notified as a part of Sector 161 of New Okhla I
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Regulatory authorities cannot arbitrarily deny building permits without valid statutory reasons, especially when ownership rights are undisputed.
The deed of exchange is a valid ownership document for sanctioning a building map, and rejection based on the absence of a lease deed is arbitrary and illegal.
Prior development permissions granted under repealed rules remain valid despite subsequent regulatory changes, and cannot be revoked retroactively by new laws.
Point of law: There is a presumption that public officials would discharge their duties honestly and in accordance with law. Even administrative power to be exercised to fulfill real purpose and not ....
The planning authority lacks jurisdiction to halt construction based on private land disputes, which must be resolved by civil courts.
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