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ANJANI KUMAR MISHRA, JAYANT BANERJI
Richa Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Anjani Kumar Mishra, J.
Heard Shri Kunal Shah and Shri Amit Saxena (Sr. Advocate), learned counsel for the petitioner and Shri Anoop Trivedi for the contesting respondents as also learned Standing Counsel.
2. The writ petition seeks a writ of certiorari for quashing the order dated 8.2.2024 passed by the third respondent and communicated by the fourth respondent, copy whereof is filed Annexure 1 to the writ petition.
3. By this order, a sanction accorded to a map for raising constructions over part of plot Nos. 361, 362, 363 and 365 No. PDA/BP/2021-22/0888 has been withdrawn in exercise of powers conferred by sub-section (9) of Section 15 of the U.P. Urban and Planning Development Act, 1973.
4. Also under challenge is a consequential order dated 13.2.2024, passed by the fifth respondent, directing the petitioner to remove constructions existing over the land for which building plan had been sanctioned.
5. The facts relevant for the purposes of the writ petition are that the dispute pertains to 1123.75 sq. meters of land consisting of portions of plot Nos. 361, 362, 363 and 365 situated in Kasari Masari, Tehsil Sadar, District Prayagraj. The said plots alongwith other were the
Concealment of non-material facts does not justify cancellation of building plan sanction; the petitioner’s title to the land was upheld.
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.
Point of law: writ petition was not barred by either on the principles of res judicata or constructive res judicata. In the peculiar facts of the case since the issues referred to supra namely issue ....
Fraud in obtaining building permits triggers action under Section 7-A alongside ongoing proceedings under Section 10 of the Regulation of Building Operations Act, establishing non-mutual exclusivity ....
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 ....
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