Back
IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SUBHASH VIDYARTHI
Vandana Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri Rakesh Chandra Tewari, Advocate the learned counsel for the petitioner, Sri Rahul Shukla, Advocate, the learned Additional Chief Standing Counsel appearing on behalf of the State, Sri Mohd. Arif Khan, Senior Advocate, assisted by Sri Mohd. Aslam Khan, Advocate, the learned counsel for the opposite parties no.4 and 5 and perused the records.
2. By means of the instant petition filed under Article 226 of the Constitution of India the petitioner has challenged the validity of an office memorandum dated 24.12.2025, issued by the Prescribed Authority, Regulated Area/Sub Divisional Magistrate, Sadar, Pratapgarh, to the extent that it declares continuance of proceedings only under Section 10 of the Regulation of Building Operations Act, 1958 (hereinafter referred to as the RBO Act) in respect of certain constructions raised by the opposite party nos. 4 and 5 and not under Section 7-A of the RBO Act.
3. By way of an amendment made in the Writ Petition, the petitioner has challenged another office memorandum dated 20.01.2026, issued by the Prescribed Authority canceling a notice under Section 7-A of the RBO Act, 1958 issued to the opposite party no.
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 ....
The main legal point established in the judgment is that the Corporation Officers must comply with the principles enshrined in Article 14 of the Constitution of India, treat everyone equally, and not....
Consent of existing flat owners is mandatory for modifications to original building plans under relevant statutes, and failure to secure such consent renders subsequent constructions illegal.
The judgment underscores the importance of adhering to local building regulations and the authority of local bodies to enforce compliance.
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 ....
A building plan submitted to a municipal authority is deemed sanctioned only if submitted correctly; failure to provide required particulars negates this status.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
