High Court of Judicature at Allahabad
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Narendra Kumar v. State of U.P. & Ors. - WRIT - C No. 77832 of 2005  RD-AH 8016 (22 December 2005)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
This writ petition has been filed raising the grievance that inspite of the fact that the building plan was submitted before the respondent Development Authority for sanction several months' ago but no order has yet been passed and that in view of the bye-laws framed by the Development Authority, the petitioner has a right to assume that by fiction clause contained in the Regulations the plan shall be deemed to have been sanctioned.
We are not inclined to go into this controversy as Sri A.K.Mishra learned counsel appearing for the Development Authority has stated that orders on the application of the petitioner shall be positively passed within ten days from today and in case there is any defect, the petitioner shall be given an opportunity to correct it/remove it. We order accordingly, but till a decision is taken status quo as on date shall be maintained regarding the constructions on the plot in dispute.
With these observations, the petition stands disposed of.
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