High Court of Judicature at Allahabad
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Dr. D.N. Shukla v. State of U.P. and others - WRIT - C No. 7887 of 2006  RD-AH 3064 (10 February 2006)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
This petition has been filed for a direction upon the Allahabad Development Authority, Allahabad (hereinafter referred to as the ''Development Authority') to stop the constructions of the second floor of the house belonging to the petitioner and to demolish the constructions already raised by private respondent Nos. 4 and 5.
We have heard the learned counsel for the petitioner and Sri A.K. Misra, learned counsel appearing for respondent Nos. 2 and 3. In view of the order that we propose to pass, it is not necessary to issue notice to respondent Nos. 4 and 5. Learned Standing Counsel appears for respondent No.1.
Sri A.K. Misra, learned counsel appearing for the Development Authority has pointed out that a notice dated 10.1.206 has already been issued to respondent No.4 calling upon him to show cause by 17.1.2006. This notice has been issued under the provisions of Section 27 of the U.P. Urban Planning and Development Act, 1973.
In view of the aforesaid fact that the Development Authority has already issue a show cause notice to respondent No.4, we are not inclined to entertain this petition at this stage. We, therefore, dismiss this petition with the observation that appropriate orders shall be passed by the Development Authority after receipt of the reply from the respondent No.4. The Development Authority must further ensure that no constructions are raised in violation of the Act/Rules/Bye-laws.
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