Court No. - 1 Case :- MISC. BENCH No. - 12175 of 2009 Petitioner :- Manoj Kumar Dubey S/O Dayanand Dubey Respondent :- State Of U.P. Thru Secy. Avas & Ors. Petitioner Counsel :- Shyam Prakash Respondent Counsel :- C.S.C.,K.S. Pawar,Shailendra Singh Chauhan Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
List of fresh cases has been revised thrice but none has appeared to press the
writ petition.
Sri K.S. Pawar appearing for Avas Evam Vikas Parishad and Sri Shailendra
Singh Chauhan appearing for Nagar Nigam say that the order impugned is
dated 30.10.2000 and there is no valid explanation for not filing the writ
petition within reasonable time.
They further submit that the order impugned has been passed in pursuance of
the directives issued by the High Court in Writ Petition No. 1108 (MB) of
2000, which was disposed of on 6.3.2000 and that the Housing
Commissioner, after spot inspection and after seeing the record, has found
that the sanctioned lay out area of the school is 400.02 sq. mts. and that rest of
the land measuring 892.62 sq. mts. has been shown as open space for in which
tubewell and transformer have been installed. On the spot, open space
measuring 606.06 sq mts. is still available and that the allotment made in
favour of the school of the land measuring 400.02 sq. mts. is fully in
consonance with the sanctioned lay out plan.
The Housing Commissioner has further observed that the residents of Sector-
17 have not brought anything on record to indicate that the land allotted to the
school is actually open space but, as a matter of fact, it is a part of the open
space, which has been allotted to the school in terms of the lay out plan itself.
That being so, we do not find any ground to interfere with the order
impugned.
The petition is dismissed.
Order Date :- 5.1.2010
MFA