A very short and simple but slightly interesting question is involved for consideration and adjudication in this case. The facts in brief:

2. The petitioner claims to be the owner in possession of property comprising in Khasra Nos. 4/27, 4/28 and 48/28M situated in Bhopatwala in Haridwar Town. The petitioner applied for sanction of a building plan for raising construction upon the aforesaid property comprised in aforesaid three Khasra numbers. The respondents refused to sanction the building plan and when, vide his letter dated 4th August, 2008, the petitioner enquired about the reasons for refusal, the respondents communicated that the sanction was refused on the ground that whereas, with respect to Khasra Nos. 4/27 and 4/28, the land comprised therein was reserved for 'Kumbh Mela', with respect to Khasra No. 48/28M, the land comprised therein was reserved for being used as a 'Park and open space'. Because of the aforesaid two considerations, the land comprised in the aforesaid three Khasra numbers could not be used for commercial purpose. .

3. In the counter affidavit filed, by referring to Section 7 of U.P. Urban Planning and Development Act, 1973 ('1973 Act' for short)