ANUJ SINGHAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition under Article 226 of Constitution of India has been filed by two petitioners, namely, Anuj Singhal and Ajay Singhal, with a prayer to issue a writ of certiorari and quash order dated 22.03.2007 (Annexure-1 to writ petition) whereby U.P. Government has directed Vice Chairman, (hereinafter referred to as "VC") Meerut Development Authority (hereinafter referred to as "MDA") to take appropriate action in the context of petitioners letter dated 12.03.2007. Petitioners have also sought a writ of mandamus commanding Respondent-1 to declare formally plan of Meerut Mahayojna 2001 as notified, final and it does not include Plot No. 229 measuring 2921 sq. meter of Village Budhera Jhidpur, Meerut, as it is no longer required to be kept as open place or unbuilt or not designated as subject to compulsory acquisition. Petitioners have further sought a writ of mandamus that building plan submitted by petitioners, not being sanctioned by MDA for want of such declaration, be deemed as "sanctioned".

(2.) Facts, in brief, giving rise to present writ petition are that, a Master Plan of Meerut Mahayojna, 2001 was notified w.e.f. 14.08.1996 which included disputed Plot No. 229. Aforesaid plan was accepted by State Government vide Government Order (hereinafter referred to as "G.O.") dated 02.08.1996. It was published under Section 12 of U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as "U.P. Act, 1973") by Notification dated 14.08.1996. Master Plan was enforced from 14.08.1996. Land in dispute was kept reserved for use as Bus Stand/ Bus Terminal.

(3.) Section 54 of U.P. Act, 1973 provides that a land, if reserved in a Master Plan for any particular purpose, and if not given effect to within 10 years from the date of coming into operation of Master Plan under Section 10 or not acquired within 10 years from the date of coming into operation of such amendment, the owner of land may serve a notice upon State Government requiring it to acquire such land and if State Government fails to acquire within six months from the date of such notice, Master Plan or as the case may be, Zonal Development Plan, after expiry of said six months, shall stand as if the land was not kept reserved for particular purpose or not required to be acquired.