Court No. - 40
Case :- WRIT - C No. - 21744 of 2021 Petitioner :- M/S Biospark Energy Pvt. Ltd. And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sundeep Shukla Counsel for Respondent :- C.S.C.,Shiv Kumar Singh
Hon'ble Manoj Misra,J. Hon'ble Jayant Banerji,J.
We have heard Shri Sundeep Shukla, learned counsel for the petitioners; the learned Standing Counsel for the respondent no.1; and Shri Shiv Kumar Singh for the respondent nos.2 and 4.
By means of this writ petition, the petitioners seek quashing of a Government Order No.1104/आठ-6-08-4 गठन-2007, dated 15.04.2008 issued by the State Government so far as it relates to inclusion of Village-Khedi Veeran situated at Jansath Road, Muzaffarnagar in the development area of the Muzaffarnagar Development Authority. Further, quashing of a communication dated 12.08.2021 sent by the Officer-in-Charge, Muzaffarnagar Development Authority to the Upper Mukhya Adhikari, Zila Panchayat, Muzaffarnagar as well as quashing of another communication dated 12.08.2021 sent by the Upper Mukhya Adhikari, Muzaffarnagar to the petitioner no.2, have also been sought.
The contention of the learned counsel for the petitioners is that for establishment of Industrial Unit at Khasra no.188 located in Village-Khedi Veeran, Jansath Road, Muzaffarnagar, the petitioner no.2 submitted an application dated 22.07.2021 before the respondent no.3, Upper Mukhya Adhikari, Zila Panchayat Muzaffarnagar for sanctioning a map. Various other documents as well as declaration under Section 143 of the U.P.
Zamindari Abolition and Land Reforms Act were submitted. On enquiring about the status of his application for sanction of map, he was informed by the Office of the respondent no.3 that since the land of the petitioners is under the development area of the Muzaffarnagar Development Authority, the application for sanction of the map cannot be considered by the respondent no.3. It is his contention that the Master Plan-2021 prepared by the Muzaffarnagar Development Authority does not reflect the Village-Khedi Veeran as falling within the development area and there is an apparent mistake in the impugned Government Order. It is contended that there is no rationale in issuance of the impugned Government Order dated 15.04.2008 and it being in clear variance to the Master Plan 2021, is liable to be quashed.
A perusal of the impugned 'Government Order' dated 15.04.2008 that has been enclosed as Annexure-1 to the writ petition reveals that it is actually a gazette notification by the State Government in exercise of powers under Section 3 of the U.P. Urban Planning and Development Act, 1973 declaring the listed villages to be development area. This notification purports to amend the gazette notification of 21.11.1996 by substituting the words "105 revenue villages" in place of "17 revenue villages" wherever they appear, and, placing the subsequently named villages after serial no.17 of the list of revenue villages appearing in the previous notification. The name of village-Khedi Veeran is reflected at serial no.42 of the notification.
The aforesaid notification that has been impugned in the present writ petition is clearly in the realm of the policy of the State Government whereby it formed an opinion to develop the villages named in the impugned notification according to a plan. It has not been disclosed as to when the Master Plan 2021 was prepared and approved, that is before the date of the impugned notification or after the date of the impugned notification therefore, from its title it can be assumed that it was brought after the issuance of the impugned notification. Under the circumstances, merely because the Master Plan 2021 does not include the village concerned the notification that might have been issued earlier cannot be questioned. Otherwise also, Court ought to be slow to interfere with policy decision of the State Government in this regard, particularly when the impugned notification has been made pursuant to the provisions of Section 3 of the U.P. Urban Planning and Development Act, 1973.
The communications under challenge in this petition that are addressed to the respondent no.3 and petitioner no.2 respectively merely communicate the placing of the revenue Village-Khedi Veeran in the notification dated 15.04.2008 and as such challenge to those communications is misconceived.
For the reasons aforesaid, the writ petition fails and is, accordingly, dismissed.
Order Date :- 27.9.2021 SK