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Smt. Sharda Chauhan v. State Of U.P.B & Others - WRIT - C No. 23116 of 2006 [2006] RD-AH 8541 (27 April 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This petition has been filed by the petitioner raising large number of grievances but particularly with regard to the illegal constructions by private respondent Nos. 5 and 6 in violation of the provisions of the U.P. Urban Planning and Development Act, 1973 without obtaining any sanction from the Allahabad Development Authority (hereinafter referred to as the ''Development Authority').

Sri Jilani, learned counsel appearing for the petitioner has submitted that the constructions that have been raised illegally by the private respondent Nos. 5 and 6 without any sanction of the plan from the Development Authority have caused serious damage to the house of the petitioner and so the petitioner is entitled for the relief sought in this petition.

However, the learned Standing Counsel Sri C.K. Rai has submitted that as the petitioner has already moved representations before the statutory authorities, it shall be appropriate that the authorities may be permitted to deal with the grievance of the petitioner.

In such circumstances, if the petitioner files a photostat copy of the writ petition along with a certified copy of this order before the Development Authority, we direct that it shall treat the copy of the writ petition as a representation of the petitioner and deal with it by passing an appropriate order in accordance with law expeditiously preferably within a period of four weeks from the date of filing of the petition as well as the certified copy of this order.

With the aforesaid observations, the writ petition is disposed of.




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