Allahabad High Court
Shri Pravin Kumar vs State Of U.P. & 2 Others on 4 March, 2014
Bench: A.P. Sahi, V.K. Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. 21 Civil Misc. Writ Petition No. 13371 of 2014 Shri Pravin Kumar Vs. State of U.P. & Ors. ***** Hon'ble A.P. Sahi,J.
Hon'ble V.K. Birla,J.
Heard Sri Madan Lal Srivastava, learned counsel for the petitioner and Sri Vivek Varma for the Development Authority and the learned Standing Counsel for the State.
The petitioner has come up complaining that the respondent Development Authority is not even entertaining the application for the sanction of a map presumably on account of the judgment of this Court in Writ Petition No. 56485 of 2013, Smt. Rekha Rani Vs. State of U.P. and others decided on 12.12.2013.
It may be noted that the said judgment has struck down the realization of development charges and several other charges which have been found to be not in consonance with the provisions of the Act. The Development Authority therefore appears to be resisting any further processing of such maps and is presumably awaiting any such directions from the State Government.
According to Sri Vivek Verma, learned counsel for the Development Authority, the State Government has issued a Government Order dated 23rd January, 2014 which is to the following effect:-
"egRoiw.kZ@QSDl la[;k% 129@8&3&14&211 fofo/k@13 Vh0lh0 izs"kd] f'ko tue pkS/kjh] la;qDr lfpo] mRrj izns'k 'kkluA lsok esa] mik/;{k] leLr fodkl izkf/kdj.k] mRrj izns'kA vkokl ,oa 'kgjh fu;kstu vuqHkkx&3 y[kuÅ% fnukad 23 tuojh] 2014 fo"k;%& fjV ;kfpdk la0&56485@2013 Jherh js[kk jkuh cuke m0iz0 jkT; rFkk vU; o vU; lEc++) fjV ;kfpdkvksa esa ikfjr vkns'k fnukad 12-12-2013 ds vuqikyu ds laca/k essA egksn;] mi;qZDr fo"k;d fjV ;kfpdk la0&56485@2013 esa ek0 U;k;ky; }kjk ikfjr vkns'k fnukad 12-12-2013 dk lanHkZ xzg.k djus dk d"V djsa tks ek0 mPp U;k;ky; bykgkckn dh osclkbV ij miyC/k gS ,oa mik/;{k] bykgkckn fodkl izkf/kdj.k }kjk vkidks bZ&esy Hkh fd;k x;k gSA 2& bl laca/k esa eq>s ;g dgus dk funsZ'k gqvk gS fd ek0 U;k;ky; }kjk ikfjr vkns'k fnukad 12-12-2013 ds n`f"Vxr izdj.k ds fof/kd lek/kku dh dk;Zokgh m0iz0 'kklu }kjk dh tk jgh gSA vr,o izdj.k ds fof/kd lek/kku gksus rd ;g lqfuf'pr fd;k tk;s fd ek0 U;k;ky; }kjk ikfjr vkns'k dh voekuuk dh fLFkfr mRiUu u gksus ik;sA Hkonh;] ¼f'ko tue pkS/kjh½ la;qDr lfpo^^ It therefore appears that in order to save itself from any contempt of the aforesaid judgment of the High Court, the State Government has issued an administrative instruction so as to transfer any responsibility arising out of the said judgment on the development authority itself.
Be that as it may, as on date there is nothing to prevent the implementation of the said judgment dated 12th December, 2013.
Apart from this, the provisions of the Act, do not empower the development authority to refuse to receive any such application for sanction of a map.
Sri Vivek Varma on the basis of instructions received from the authority has urged that the application of the petitioner shall be entertained subject to any further directions or orders either from the State or from a court of competent jurisdiction.
Consequently, in view of what has been noted hereinabove, let the respondent development authority entertain the application of the petitioner subject to such terms and conditions that may be permissible under law for the purpose of sanctioning the map.
The learned Standing Counsel is directed to dispatch a copy of this order to the Chief Secretary, Government of Uttar Pradesh, for his information that such petitions are now being filed causing unnecessary harassment to the public at large and as such appropriate steps be taken and directions be issued, instead of simply transferring the responsibility of contempt on the development authority, by issuing a positive direction so that such applications for sanction of maps are not refused to be entertained by any development authority in future subject to any orders passed by the court or any legislation to be brought about in this regard by the State Government.
The writ petition is disposed of with the aforesaid directions.
A copy of this order may be given to the learned Chief Standing Counsel today free of charges for compliance.
Order Dated: 4.3.2014 Sahu