Court No. - 40
Case :- WRIT - C No. - 36176 of 2018 Petitioner :- Gulzar Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amitabh Agarwal Counsel for Respondent :- C.S.C.,Kuldeep Singh Chauhan,Pranjal Mehrotra
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
The petitioner in this petition is aggrieved because of the ongoing construction of an over bridge relating to freight corridor by respondent no. 3. He contends that because of the ongoing construction, there is every likelihood that the area of approach road to the developing colony will get squeezed and resultantly the allotment of plot which has been done in favour of the private individuals, they will not be able to develop or get their map sanctioned from the development authority.
In our opinion in so far as the grievance of the individual is concerned, he can approach the development authority as and when he has any complaint of not getting his map sanctioned but so far the ongoing construction is concerned, considering the public nature of work as it will facilitate easy traffic flow in the interest of public, we do not find it to be a fit case for interference under Article 226 of the Constitution of India.
It is always open to the aggrieved person to approach the development authority as and when the question of sanction of map over the plot under the housing scheme arises.
The writ petition lacks merit and, is accordingly, dismissed.
Order Date :- 31.10.2018 S.Chaurasia