HUSAIN AHMAD Vs. CHIEF JUDICIAL MAGISTRATE FAIZABAD

JUDGEMENT

(1.) HUSAIN Ahmad has directed this petition against rejection of his application for sanctioning plan of his proposed construction under the provisions of the U. P. Municipalities Act, 1916. The santion has been refused on the basis that the land over which construction is sought to be made, belongs to the Nazul and is vested for management in the Nagar Palika, opposite party No. 2. After the application for sanction was rejected, the petitioner preferred appeal before the Chief Judicial Magistrate, Faizabad but the same was rejected by order, dated 31-10-1977, Annexure No. 2.

(2.) THE learned counsel for the petitioner has challenged the above orders on two grounds-(1) THE sanction could not be refused on the ground of title. (2) THE sanction already stood accorded under sub-section (3) of section 180 and, therefore, there was no question of refusing the sanction.

(3.) THE provisions dealing with the sanction of building plans are contained in Chapter VII of the Act. Section 178 requires a notice to be given to the Board regarding erection of a new building or a new part of the building. Sub-section (1) of section 180 provides as follows :-