Court No. - 40
Case :- WRIT - C No. - 36343 of 2018 Petitioner :- Amarjeet Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Singh,Ashish Kumar Singh Counsel for Respondent :- C.S.C.,Ashok Kumar Pandey
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioners.
The map for construction was filed before the Meerut Development Authority and according to the orders on record, the said map was under the deemed sanctioned category. However, the cancellation thereof has been communicated vide letter dated 05.06.2018.
It appears that the petitioners on their own approached the Secretary of the Development Authority and 05.07.2018 was fixed for hearing. Another communication was sent to the petitioners on 18.07.2018 to the effect that since they have failed to appear, therefore, the previous communication and order for cancellation has been maintained. It appears that the petitioners again approached the development authority whereupon vide letter dated 20.08.2018 another date i.e. 28.8.2018 was fixed for the hearing of the matter.
From the record it appears that the allegation against the petitioners is that they had obtained the sanction of the map by concealing or withholding certain facts. Learned counsel contends that the cancellation order could not have been passed without giving notice or opportunity in terms of Section 15(9) read with the proviso there to of the U.P. Urban Planning and Development Act, 1973. Learned counsel for the petitioners submits that the original cancellation order was not provided to the petitioners and there is nothing on record that prior to cancellation any notice had been issued. Even otherwise the attempts made by the petitioners to get a rehearing has failed and no orders according to the petitioners has been passed till date.
There is nothing on record to indicate as to what happened on 28.08.2018 which was the date fixed before the Development Authority.
In this view of the matter, we dispose off this writ petition with a direction that the petitioners shall file a certified copy of this order before the Development Authority and the concerned officer shall proceed to pass appropriate orders if not already passed in relation to the said claim of the petitioners after considering the nature of the objections raised by the petitioners as well as facts relating to and the explanation given by the petitioners.
The writ petition stands disposed off with the aforesaid directions. The order shall be passed preferably within six weeks from the date of production of a certified copy of the order before the Secretary, Respondent No.3.
Order Date :- 31.10.2018 saqlain