High Court of Judicature at Allahabad
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Shri Vijay Kumar Agarwal v. State Of U.P. And Others - WRIT - C No. 71712 of 2005  RD-AH 6285 (23 November 2005)
Hon'ble Sushil Harkauli, J.
Hon'ble Vikram Nath, J.
It has been alleged by the petitioner that his earlier construction plan had been sanctioned. While making construction there was a minor variation from the sanctioned map. In reply to the show cause notice, the petitioner has submitted an application saying that the petitioner is prepared to submit a revised plan and the Development Authority may consider compounding of the variation. According to the petitioner the said application is still pending.
In view of these averments of the petitioner, we direct that if certified copy of this order is presented before the Secretary of the Development Authority along with revised plan saying that the petitioner is prepared for compounding, the Development Authority will take a reasoned decision as to whether the variation in the actual construction is in accordance with Building Regulations and therefore compoundable, or whether it is not in accordance with Building Regulations and therefore not compoundable.
If these papers are submitted within fifteen days from today, no coercive action will be taken against the petitioner and no demolition will take place on account of alleged variation until decision is taken by the Development Authority as above.
The writ petition is disposed of as above.
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