ALLAHABAD DEVELOPMENT AUTHORITY Vs. RAM PRAKASH PANDEY

JUDGEMENT

(1.) The respondent No. 1 filed the suit against the appellants and respondent No. 2 for injunction to restrain them from demolishing the house in dispute No. 33/2 Stanley Road, Allahabad. It is contended that the respondent No. 1 purchased Plot No. 36 from Hari Mohan Tandon on 3.12.1980. He submitted a plan for sanction for construction of the house before the appellant on 14.9.1981. It was not sanctioned and, therefore, the respondent No. 1 on 16.12.1981, served a notice on the appellant that and, therefore, either the plan be sanctioned or if there is any objection, he may be informed. No reply was given by the appellant. Therefore, on 27.12.1981 the respondent No. 1 again served a notice that he is starting the constructions. The constructions were complete regarding which the Information was given and the house was given number 33/2 Stanley Road, Allahabad and was also assessed to house tax. However, later on the appellant treated the constructions as illegal and served notice for demolition. The respondent No. 1 was ready to compound the matter but the request for compounding was also rejected, hence the suit was filed. The appellants contested the suit and it is contended that the house has been constructed without sanction of the plan and, therefore, it is liable to be demolished. It was further pleaded that the civil court has no Jurisdiction to try the suit.

(2.) The trial court has held that the appellants have no right to demolish the house and the Court has jurisdiction to try the suit. The suit was decreed by the trial court. The appeal preferred by the appellant was also dismissed. Therefore, the appellant has preferred this second appeal.

(3.) The second appeal was admitted on the following substantial question of law : -Whether the civil court had jurisdiction to entertain the suit in view of the provisions contained in the U. P. Urban Planning and Development Act. 1973?"