Court No. - 39
Case :- WRIT - C No. - 27787 of 2021 Petitioner :- Rajendra Prasad Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Rai,Manoj Kumar Singh,Samarath Singh,Santosh Kumar Rai Counsel for Respondent :- C.S.C.,Ajay Kumar Singh,Ashish Kumar Singh,Ashok Kumar Upadhyay
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Vikram D. Chauhan,J.
Sri Ashok Kumar Upadhyay learned counsel has put in appearance on behalf of the respondent No.3.
Pursuant to the order dated 25.11.2021, an instruction in writing has been obtained from the respondent No.3 namely the Executive Officer, Nagar Panchayat, Kachhawan District Mirzapur, a copy of which has been provided in the Court today.
A perusal thereof indicates that the map for construction-in- question was sanctioned initially by the respondent and by order dated 14.08.2020, the sanctioned map has been renewed with the condition that the construction would be completed within a period of one year. In the written instruction filed before us, it is sought to be submitted that there is some dispute relating to the ownership/title of the land-in-question, whereupon constructions were being raised by the petitioner. However, pertinent is to note that there is no decision of the competent authority on the objections of the respondent No.4 regarding cancellation of the map. It is an admitted fact of the matter that on 03.07.2021, i.e. the date of issuance of the notice under challenge, the renewal order dated 14.08.2020 was in existence. The period of construction in the renewal order dated 14.08.2020 was not over by the date of issuance of the notice. There was no order on the dispute raised by the respondent relating to title/ownership of the plot-in-question. The notice dated 03.07.2021 appears to have been issued only on the complaint of respondent No.5 on the allegations that he was having a valid title of the plot-in-question and the petitioner herein was raising illegal construction.
The contention in the impugned notice that the petitioner was raising illegal construction without the sanctioned map are, thus, found to be incorrect.
For the aforesaid, the notice dated 03.07.2021 having been given on incorrect and incomplete fact, i.e. without cancellation of the sanctioned map or during the subsistence of the order of renewal, the action of the respondent No.3 namely the Executive Officer, Nagar Panchayat, Kachhawan District Mirzapur in restraining the petitioner from raising construction is found illegal.
The notice dated 03.07.2021, therefore, is quashed to the extent of the observations made herein above.
However, it is kept open for the petitioner to seek renewal of the sanctioned map by moving a fresh application within a period of two weeks from today. In case, such an application is moved, it would be open for the respondent No.4 to raise his objection and in case of any such objection, the Executive Officer, Nagar Panchayat, Kachhawan District Mirzapur, would be under obligation to take an expeditious decision within a period of four weeks from the date of moving of the application, by passing a reasoned and speaking order in accordance with law.
In any case, further construction on the spot can only be raised after the decision of the competent authority.
The writ petition is, accordingly, disposed of. Order Date :- 24.12.2021 Himanshu