RAKESH GUPTA Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri R.K. Ojha, learned counsel for the petitioner and Sri B.D Pandey, learned Counsel for the respondent No. 2 as well as learned Standing Counsel.

(2.) By this writ petition, the petitioner has prayed for a writ of mandamus, commanding the respondents not to apply Rule 2008 (Appendix-A) in case of the petitioners and further a writ of mandamus commanding the Gorakhpur Development Authority to accept the building plans submitted by the petitioner upto 200 square meters.

(3.) Brief facts necessary for deciding the writ petition are that the petitioners were granted licence by the Gorakhpur Development Authority in accordance with the bye-laws framed under Section 57 of the U.P. Urban Planning and Development Act, 1973 to submit building plans upto 200 square meters and up to three storeys. The petitioners were initially granted licence as Draftsman in different years from 1988 to 2000. The date of issue of licence of each of the petitioners have been mentioned in paragraph 10 of the writ petition. All the petitioners have passed diploma in Civil Engineering. The new bye-laws have been framed by the Gorakhpur Development Authority under Section 57 of the 1973 Act in the year 2008. According to the new bylaws, the nomenclature 'Draftsman' have been done away in 2008 bye-laws now the supervisors are contemplated apart from architect, engineer, structural engineer and others. The minimum qualifications of the supervisor are diploma in civil engineering or architectural assistantship and they are competent to submit building plans up to 100 square meters or up to two storeys or 7.5 meters in height. The petitioners have come up now praying for a writ of mandamus that the aforesaid 2008 Bye- laws be not applied on them and they may be permitted to submit building plans up to 200 square meters and upto three storeys as they were doing earlier.