Back
2025 Supreme(All) 2877
HIGH COURT OF JUDICATURE AT ALLAHABAD
PRAKASH PADIA, J.
Pheasant Infrastructure Private Limited - Petitioner
Versus
State of U.P. And Others – Respondents
Writ C. No. 33964 of 2023
Decided On : 07-08-2025
For the Petitioner: Nikhil Agrawal, Sanjay Kumar Mishra
For the Respondent: Amit Manohar, Ravi Prakash Pandey
A sanctioned map must be honored despite changes in zoning regulations, provided earlier approvals were validly obtained before the enactment of new planning frameworks.
Headnote:(A) U.P. Urban Planning and Development Act, 1973 - Sections 41(3) and 43(1) - Cancellation of map approval - Petition filed alleging denial of map release despite completion of formalities - The order dated 5.10.2012 was quashed by the Commissioner, yet ignored by authorities - Mandamus issued for release of sanctioned map. (Paras 30-34)
(B) Local Administration - Principles of natural justice - Non-communication of cancellation order invalidates proceeding against it, as per judgment of State of Punjab Vs. Amar Singh Harika. (Paras 20-21)
(C) Land Use Planning - Land marked for community facility in Master Plan 2021 cannot retrospectively negate earlier approvals made prior to its enactment. (Paras 29-30)
| Table of Content |
|---|
| 1. summary of project background and compliance with requirements. (Para 4 , 5 , 6 , 10) |
| 2. the importance of prior compliance with governmental approvals. (Para 11 , 29) |
| 3. insufficiency of grounds for denial based on newer policies. (Para 20 , 28) |
| 4. court’s directive to release the map is legally binding. (Para 30 , 33) |
JUDGMENT :
Prakash Padia, J.
1. Heard Sri Nikhil Agarwal, learned counsel along with Sanjay Kumar Mishra, learned counsel for the petitioner, learned Standing Counsel appearing on behalf of State-respondent and Sri Amit Manohar, learned counsel for the respondent nos. 2, 3 and 4/Ghaziabad Development Authority, Ghaziabad.
2. The petitioner has preferred the present petition inter alia with the following prayer:-
"i. to issue a suitable writ or direction in the nature of certiorari quashing the impugned orders dated 23.05.2023 passed by the Principal Secretary, Housing (enclosed as Annexure no.3);
ii. issue a suitable writ or direction in the nature of mandamus directing the Respondent no.1 to re-consider the matter in revision and decide afresh considering each and every aspect of the matter regarding map release of the petitioner, in terms of Kamlesh Garg and another vs State of U.P. (WRIT - C No. 65099 of 2015);
iii. to issue a suitable writ or direction in the nature of certiorari quashing the impugned orders dated 05.10.2012 and 22.11.2019 passed by the Ghaziabad Development Authority (enclosed as Annexure no.1 & 2);
iv. issue a suitable writ or direction in the nature of mandamus directing the Ghaziabad Development Authority to release the maps of the Petitioner company;
v. issue any suitable, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case to meet the ends of justice.
vi. award the cost of the petition in favour of the Petitioner."
3. Pleadings have already been exchanged between the parties. With the consent of counsel for the parties, the present petition is disposed of finally at the admissision stage itself.
4. Facts in brief as contained in the writ petition are that the petitioner company is incorporated under the provisions of Companies Act, 1956, having its registered office at 5140-41/34, Chaudhary Market, 1st Floor, Preet-Wali-Gali, Dori Mandi, Sadar Bazar, District Ghaziabad and is engaged in business of Real Estate. The petitioner company has submitted a map for group housing over khasra no. 915M, 921, 923Μ, 924M, 925M, 926M, 927M, 928M, 929M, 930M, 937M, 939M & 945M situated at Village Noor Nagar, Pargana Loni, District Ghaziabad. The aforesaid map submitted by the petitioner for group housing was approved by the Technical Committee for construction of group housing vide order dated 28.11.2006. Certain conditions were required to be fulfilled by the petitioner. One of the relevant condition was that the land equal to land of Gram Samaj, Chak Road and Nali has to be left in one side of project and the permission for the same has to be obtained by the District Magistrate. The Principal Secretary, (Housing) has issued a Government Order dated 25.1.1996, notified that where there are partial Gram Samaj land, falling within the layout of the project/plan, equal size of land ought to be kept aside for the purpose of community facility and in case it is not possible the value of concern partial land be deposited in the office of District Magistrate and with the said condition, layout plan be passed. Copy of the Government Order dated 25.1.1996 has been appended as Annexure-5 to the writ petition.
5. It is further stated in paragraph 11 of the writ petition that various projects have been approved/sanctioned on the basis of aforesaid Government Order dated 25.1.1996 and a list of projects which has been approved on the basis of aforesaid government order has been appended as annexure-6 to the writ petition.
6. It is stated in paragraph 12 of the writ petition that on 28.11.2006, the petitioner received approval of map from the Technical
