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2024 Supreme(All) 2006

ASHWANI KUMAR MISHRA, SYED QAMAR HASAN RIZVI
Brijmohan Tanwar – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Petitioner: Anil Kant Tripathi, Praveen Kumar.
For the Respondent: C.S.C., Pradeep Kumar Tripathi, Ravi Prakash Pandey.

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:-

    "1. Grievance of the petitioner is that private respondents are raising construction contrary to the sanctioned map on account of which petitioner's construction, on the adjoining, is getting damaged.

    2. Learned counsel for the Development Authority is directed to obtain instructions in the matter.

    3. Let notices be also issued to fifth respondent by registered speed post for which appropriate steps shall be taken within 24 hours, fixing 13th March, 2024 as the date in the matter.

    4. List again as fresh on 13.03.2024.

    5. In the meantime, the Development Authority shall ensure that no constructions contrary to sanctioned map are allowed to be raised."

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

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