JAGAT NARAIN SINGH Vs. DISTRICT MAGISTRATE LUCKNOW

JUDGEMENT

(1.) Heard Sri Mohd. Arif Khan learned Senior Advocate assisted by Sri Mohd. Aslam Khan Advocate and Sri Mohiuddin Advocate for the petitioner, Sri Rajendra Kumar learned State Counsel, Sri S. S. Chauhan, learned counsel for Lucknow Development Authority and Sri S. K. Bajpai who has filed Caveat on behalf of the M/S MAK Sales Private Limited and perused the record.

(2.) Facts, as submitted by Sri Mohd Arif Khan learned senior counsel for the petitioner are that on 21.7.1971 petitioner has been allotted a land measuring two biswa at plot No. 202 for construction of house b y way of lease/patta situated in village Vijaipur H/o Risaha, Pargana, Tehsil and District Lucknow by the Land management Committee of Gram Sabha Vijaipur. Thereafter, he constructed his residential house on the land in question and at that point of time U. P Urban Planning & Development Act 1973 was not into force.

(3.) It is further submitted on behalf of the petitioner that after a lapse of twenty years, Tehsildar, Nagar Mahaplika, Lucknow issued a notice to the petitioner calling upon him to show cause as to how he has raised illegal construction on the land in question. In response to the same, he submitted his reply. Being satisfied with the reply furnished by the petitioner, by order dated 10.9.1992 (Annexure no. 2) proceedings against him were dropped by the Tehsildar.