BHIM SINGH BISHT Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THE substantial prayer in the writ petition is for a direction to the respondents to sanction the plan of the petitioner for raising the proposed construction as per Annexure 5 application dated 11.08.2003. Sanction was denied on the ground that the plan submitted by the petitioner is' against the Master Plan. According to the petitioner, no such Master Plan is force because the Master Plan was not published in the News Papers and the Gazette as required under Annexure 12 Government Order dated 19.12.2000.

(2.) WHEN Interim Relief Application No. 5887 of 2005 came up for hearing on 30.09.2005, the respondents were directed to file an affidavit within three weeks stating whether the Master Plan was published in two local News -papers and in. the Gazette as required under Annexure 12 Government order dated 19.10.2000. It was stated in the order dated 30.09.2005 that if such publication has not been made or if the counter affidavit is not filed within three weeks, the Court will be constrained to grant the prayer in the application. However, no counter affidavit was filed furnishing the above mentioned information within three weeks. Hence by another order dated 09.11.2005, the respondents were directed to file the affidavit in terms of this Court's order dated 30.09.2005 on or before 18.11.2005. It was further directed that if the affidavit is not filed on or before 18.11.2005, the Secretary, Department of Housing and Development, Government of Uttaranchal shall be personally present in the court with the relevant files on the next date of hearing.

(3.) SINCE the affidavit could not be filed on or before 18.11.2005, Mr. P.C. Sharma, Secretary, Department of Housing and Development Government of Uttaranchal is present in Court. Mr. Uniyal Addl. A.G. submits that an affidavit of Mr. Sharma has been filed in the Registry today. The affidavit is taken on record. According to the averments in the affidavit, though the Master Plan has been approved by the Government, it has not been published as required under Annexure 12 G.O. dated 19.10.2000. Consequently, the Master Plan has not come into effect and the rejection of petitioner's application for sanction of the plan is wrong and illegal.