Allahabad High Court
Suresh Gupta And Another vs State Of U.P. And Another on 26 August, 2025
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:147964-DB HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 27842 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard learned counsel for the petitioners; Sri Ambrish Shukla, learned Additional Chief Standing Counsel for the State-respondent and Sri A.P.Paul, learned counsel for the Saharanpur Development Authority (SDA).
2. The instant writ petition has been preferred for a mandamus directing the second respondent to allow the application of the petitioners for sanction of compounding map so far as it relates to case no. 0001981/2022 of Zone No. -1, Panchwati Garden Awasiya Colony, District Saharanpur.
3. Learned counsel for the petitioners submits that as the petitioners' land fall under the territorial jurisdiction of the SDA, which is constituted under Section 3 of the U.P.Urban Planning and Development Act, 1973 (in short "Act, 1973"). Initially, they had applied for sanction of map/layout plan and consequently, the SDA had made correspondence dated 19.5.2023, whereby, the amount had been quantified for processing of the application of the petitioners. Learned counsel for the petitioners vehemently contended that the said amount was promptly deposited by the petitioners in the year 2023 itself. In this backdrop, he has confined his relief that map/layout plan of the petitioners has not been approved by the SDA till date in spite of sufficient time lapse. Even learned counsel for the petitioners volunteers, in case, certain other demands are also raised by the SDA for processing the application of the petitioners, definitely, the same would also be made good.
4. In the facts and circumstances, we find that once the petitioners had already moved an application for sanction of map/layout plan, it is duty cast upon the SDA to process the said application under Section 14/15 of the Act, 1973 but certainly under the relevant building bye-laws framed. The said exercise is to be carried out expeditiously and preferably within six weeks from the date of production of a certified copy of this order.
5. With the aforesaid observation, the writ petition stands disposed of.
August 26, 2025 A.K.Srivastava