ASHWANI KUMAR MISHRA, SYED QAMAR HASAN RIZVI
Brijmohan Tanwar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
A grievance is raised in the present petition that constructions are being allowed by the development authority contrary to the sanction plan on account of which petitioner's adjoining constructions are getting damaged. Taking note of such contention, we passed following orders on 26.2.2024:-
2. Sri. Pradeep Kumar Tripathi, learned counsel representing development authority states that though constructions are being raised by the private respondents over and above the area for which map has been sanctioned but such construction
Development authorities must enforce compliance with sanctioned building plans and not facilitate illegal constructions through compounding, as it undermines planned urban development.
State Governments should think of levying heavy penalties on such builders and therefrom develop a welfare fund which can be utilised for compensating and rehabilitating such innocent or unwary buyer....
Plot under development/redevelopment affected due to Nalla, Nallah/river buffer, road widening, height restriction due to statutory restriction as per these Regulations such as railway buffer, height....
Prior development permissions granted under repealed rules remain valid despite subsequent regulatory changes, and cannot be revoked retroactively by new laws.
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