Chief Justice's Court
Case :- WRIT - C No. - 27875 of 2018 Petitioner :- Sushma And 5 Others Respondent :- Ghaziabad Development Authority And 4 Others Counsel for Petitioner :- Ranjit Saxena Counsel for Respondent :- C.S.C.,Amit Manohar,Tabish Sheikh
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Mr. Ranjit Saxena, learned counsel for the petitioners, Mr. M.C. Chaturvedi, learned counsel for respondents 1 and 2 and Mr. Pramod K Gupta, learned Advocate, holding for Mr. Tabish Sheikh, learned counsel for respondent no.3.
The primary prayer made in the writ petition, reads thus:
“i) to issue a writ order or direction in the nature of mandamus directing the Ghaziabad Development Authority, Ghaziabad to remove their seal from the buildings of the petitioners”
Counsel for the petitioners admits in the writ petition that the construction raised after they purchased the plots of land under the registered sale deeds, are unauthorized and hence those are sealed. In other words, they admit that before raising construction in question, they did not get their plans/maps sanctioned from the development authority. It is not in dispute that the plots, where the offending structures are standing, fall within the jurisdiction of the development authority and permission for raising any construction within their jurisdiction, is required under the provisions of the Act/Rules/Regulations.
In the circumstances, we have no option but to dismiss the writ petition. The petition is, accordingly, dismissed.
Order Date :- 23.8.2018 RK (Yashwant Varma, J) (Dilip B Bhosale, CJ)