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RAJ KUMAR CHOPRA ALIAS RAJU CHOPRA AND ANOTHER versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Raj Kumar Chopra Alias Raju Chopra And Another v. State Of U.P. And Others - WRIT - C No. 75340 of 2005 [2005] RD-AH 7440 (13 December 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

Sanctioning of construction plan by the Development Authority, even compounding of unauthorized construction, does not confer any additional right upon a person making construction in respect of title of land.

Therefore, these reliefs in that respect sought in this writ petition, are not relevant to the rights, being alleged by the petitioners.  If the construction is taking place over the land, which has not been sold to the private respondent, the remedy of the petitioners lies either by way of injunction suit or by way of seeking possession after the defendant removes his encroachment.  If encroachment has not yet taken place but is threatened, the remedy lies by way of injunction in civil Court.  If the private respondent has opened unauthorized door or windows over the land of the petitioners, again remedy lies by way of a civil suit.  

In the circumstances because of availability of alternative efficacious remedy by way of civil suit, we are not inclined to entertain this writ petition.  The writ petition is accordingly dismissed.

Dated:13.12.2005

RCT/75340/05


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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