Court No. - 2 Case :- WRIT - C No. - 38605 of 2010 Petitioner :- Smt. Pushp Lata Respondent :- State Of U.P. And Another Petitioner Counsel :- Manish Goyal Respondent Counsel :- C.S.C.,N. Mishra Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard learned counsel for the petitioner and Sri Nripendra Mishra appearing
for the respondents.
By this writ petition, the petitioner has prayed for quashing the order dated
5th April, 2010 passed by respondent No.2 sealing the residential plot of the
petitioner. A writ of mandamus has also been sought directing respondent
No.2 to decide the application for compounding submitted by the petitioner
on 25th March, 2010.
Petitioner’s case in the writ petition is that no notice has been issued for
proceeding under Sections 27 and 28 of the U.P. Urban Planning and
Development Act, 1973. He submits that although there are certain
construction, which is not in accordance with the plan, but the petitioner has
already submitted an application on 25th March, 2010 for compounding,
which is pending consideration and no decision has yet been taken on the said
application. It is submitted that without taking any decision on the application
of the petitioner for compounding, the plot has been sealed.
Learned counsel for the respondents submits that petitioner herself has filed
an affidavit that she is ready to compound the compoundable portion and also
ready to deposit the necessary charges.
Considering the fact that application of the petitioner for compounding is
pending, ends of justice be served in disposing of the writ petition with the
direction to respondent No.2 to consider and take appropriate decision on the
application of the petitioner dated 25th March, 2010 within three weeks from
the date of production of a certified copy of this order. After taking decision
as aforesaid, the respondent No.2 may proceed in accordance with the
provisions of U.P. Urban Planning and Development Act, 1973 and also
consider the prayer of the petitioner for opening the seal.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 7.7.2010
Rakesh