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M/S. Pioneer Construbuild Private Limited v. State Of U.P. And Others - WRIT - C No. 71111 of 2005 [2005] RD-AH 6051 (21 November 2005)


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'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

The lay out plan of the petitioner has been rejected by the impugned order dated 31.3.2005 (annexure 10 to this writ petition) on the ground that use of the land is agricultural in the master plan. The learned counsel for the petitioner has invited our attention to Annexures 6 & 8 of the writ petition by which, the petitioner has deposited money with the Kanpur Development Authority for change of the land use.

The change of the land use would require an amendment of the master plan.

If the decision has not been taken so far with regard to the amendment to the master plan which has been sought and for which the money has been charged from the petitioner by Kanpur Development Authority, the Kanpur Development Authority will take a decision under section 13 of the U.P. Urban Planning and Development Act, 1973, about the amendment or refusing amendment of the master plan in accordance with the procedure prescribed therein by an order containing reasons within two months of the date on which a certified copy of this order along with a self attested copy of the writ petition is presented before the respondent no. 2.  If the master plan is amended it will be open to the petitioner to submit fresh construction plan which will be considered by the Kanpur Development Authority in accordance with law within three months of the date on which the fresh plan is submitted.

The writ petition is disposed of as above.

Dated: 21.11.2005



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