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Keshav Dham Thru' Prop. & Others v. State Of U.P. Thru' Principal Secy. & Others - WRIT - C No. 52910 of 2005  RD-AH 5524 (10 November 2005)
Hon'ble R.K.Agrawal, J.
Hon'ble Saroj Bala, J.
Heard learned counsel for the petitioner and Sri S.K.Gupta learned counsel for the Development Authority.
The grievance of the petitioner is that the lay out plan submitted by the petitioner has been rejected by the Development authority vide order dated 30.4.2005 only on the ground that the land is covered under the proposed acquisition of Taj Nagri Yojna Phase-III. Similar controversy had arisen in Writ Petition No. 65627 of 2005 decided on 20.10.2005 in which it has been held that construction/lay out plan cannot be rejected merely on the ground that the land is proposed to be acquired, and the notification under Section 4 of the Land Acquisition Act has still not be issued.
Following the said decision, this petition is allowed. The order dated 30.4.2005 (Annexure 10 to the writ petition) is quashed. The respondent authority is directed to reconsider the layout plan of the petitioner by a fresh reasoned order within one month from the date on which certified copy of the order is presented before the Development Authority. It is made clear that the sanction of the plan cannot be refused on the ground that the land is proposed to be acquired.
However, if such plan is sanctioned and construction is made, the petitioner will not be entitled to any compensation for construction made after the date of Section 4 Notification and further the petitioner will not also be entitled to resist the acquisition on the ground that the petitioner has made constructions on the land.
The writ petition is allowed with the aforesaid observations.
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