Court No. - 2 Case :- WRIT - C No. - 56421 of 2009 Petitioner :- Kulomani Pant & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Shambhu Chopra,H.R.Mishra,Rajesh Kumar Shukla Respondent Counsel :- C.S.C.,Brijesh Dubey,Sita Ram Vishwakarma,V.B. Mishra,Ved Byas Mishra Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard Sri Shambhu Chopra, learned counsel for the petitioners,
Sri V.B. Mishra, learned counsel for respondents no.2 and 3 and Sri Sita Ram
Vishwakarma, learned counsel for respondent no.4.
By this petition, the petitioners have prayed for quashing of the allotment
order dated 24.6.2008 by which allotment was made in favour of respondent
no.4.
The petitioners’ case in the writ petition is that the petitioners are the resident
of Vaishali Colony, which colony is developed by the Ghaziabad
Development Authority. It is stated that in Sector II-B there are residential
area and a big ground was lying vacant in between the water tank pumping
house and electricity substation building. It is alleged that ground is a green
belt area which was left for garden/park area. It is stated that in the master
plan the said area is shown as the green belt. The various representations in
this context were made by the petitioners to the Vice-Chairman on 26.12.2003
and 23.3.2009 objecting to use of area for any other purposes except
park/green belt.
Sri Shambhu Chopra, learned counsel for the petitioners submits that the area
which comes within the ambit of green belt, cannot be used for any other
purposes. He has placed reliance on the cases of Banglore Medical Trust v.
B.S. Muddappa, reported in (1991) 4 SCC 54 and Dr.G.N.Khajuria and
others v. Delhi Development Authority and others, reported in 1995 S.C.C.
(5) 762.
Sri V.B. Mishra, learned counsel for the Ghaziabad Development Authority
submits that the plot allotted to respondent no.4 was never in green belt area
and the allotment is perfectly justified.
Sri Sita Ram Vishwakarma, learned counsel for respondent no.4 has also
supported the arguments of Sri V.B. Mishra.
We have considered the arguments of the learned counsel for the parties and
perused the record.
The issues which have been raised in the writ petition are the issues of facts
which have to first gone into by the authorities competent in this regard. The
question as to whether the plot which has now been allotted to respondent
no.4 was earmarked in the master plan as green belt for the purpose of
development of park is the question which has to be examined and decided
after getting relevant material including master plan and others relevant
material regarding green belt area. The ends of justice be served in giving
liberty to the petitioners to submit a detailed representation to the Chairman,
Ghaziabad Development Authority within four weeks from today annexing all
relevant materials in support of his claim. The Chairman, Ghaziabad
Development Authority may call for relevant records from the Development
Authority and after giving opportunity to the petitioners and respondent no.4
may take appropriate decision in this regard.
The Chairman, Ghaziabad Development Authority, Ghaziabad shall consider
and take decision expeditiously preferably within a period of two months
from the date a copy of the order and representation is filed before him. To
protect the interest of the petitioners, we further provide that till the decision
is taken by the Chairman, Ghaziabad Development Authority, the status-quo
as it exists today shall be maintained.
With the above observations, the writ petition is finally disposed of.
Order Date :- 3.8.2010
sks