Court No. - 21
Case :- WRIT - C No. - 19436 of 2019 Petitioner :- M/S Universal India Agro Foods Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Dinesh Kumar Yadav Counsel for Respondent :- C.S.C.,Arun K. Singh Deshwal,Kuldeep Singh Chauhan
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Piyush Agrawal,J.
By means of the present writ petition, the petitioner has prayed for the following relief:-
"(i) Issue a writ order or direction in the nature of certiorari for quashing the impugned order dated 07.05.2019 issued by the respondent no. 5 i.e. Annexure - 10 to the writ petition.
(ii) Issue a writ order or direction in the nature of mandamus directing the respondent concerned to provide sanctioned map of the site for construction of the M/s Universal India Agro Foods so that justice may be done to the petitioner, otherwise the petitioner shall suffer irreparable loss and injury.
(iii) Issue any other writ order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
The brief facts of the case are that the petitioner is the exclusive owner of Khata No. 135, Gata No. 86 (area 0.991 hectare) situated in Village - Alipur, Jijmana, Pargana & Tehsil - Meerut, District - Meerut. The petitioner established a firm in the name and style of "M/s Universal India Agro Foods". For running and establishing the said firm, the petitioner obtained necessary No Objection Certificate from the concerned Departments. Thereafter, the petitioner submitted a map for construction of the building before the respondent nos. 3 & 4. The respondent no. 5, i.e., the Zonal Officer, Zone - D, Meerut Development Authority, Meerut, having found certain discrepancies in the construction of the petitioner, put seal on the construction site. Thereafter, on the application of the petitioner dated 17.07.2018, the respondent no. 5, vide order dated 21.07.2018, temporarily opened the seal for 7 days.
The petitioner was not fulfilling the required norms. On 25.07.2018, the petitioner applied for sanction of draft map and also deposited Rs. 8 lacs for the said purpose. The map of the petitioner could not be sanctioned as there was some defect in it. The petitioner was intimated about the defect/shortcomings by the impugned notice dated 07.05.2019.
We have heard learned counsel for the petitioner, Shri Dinesh Kumar Yadav, learned counsel for respondent nos. 3, 4 & 5, Shri Arun K. Singh Deshwal and the learned standing counsel for the State - respondent nos. 1 & 2.
The learned counsel for the petitioner submits that after purchase of the land, the petitioner wanted to establish a unit in the name and style of "M/s Universal India Agro Foods" after obtaining necessary No Objection Certificate. Thereafter, the petitioner applied for sanction of map and has also deposited Rs. 8 lac for the said purpose, but instead of sanctioning the map, the impugned notice has been issued against the petitioner.
Refuting the submissions of the learned counsel for the petitioner, learned counsel for the respondents submitted that the petitioner was only required to remove certain discrepancies and in the event the said discrepancies are removed and a certificate to the said effect is submitted, the map of the petitioner will be sanction in accordance with the law.
Be that as it may, in the interest of justice, we dispose of this writ petition by granting liberty to the petitioner to approach the respondent no. 3, i.e., the Vice President, Meerut Development Authority, Meerut, within a period of ten days from today, along with a certified copy of this order as well as the required No Objection Certificate, as mentioned in the impugned notice.
In case such representation is filed, the respondent no. 3 shall consider and decide the said representation in accordance with law, expeditiously, preferably within a period of two months from the date of filing of the representation.
It is made clear that we have not expressed our opinion on the merit of the case and the authority concerned is free to pass an independent order in accordance with law.
Order Date :- 26.8.2019 Amit Mishra