(1.) Heard Sri N.K. Seth, learned Senior Advocate, assisted by Sri Vijay Krishna, learned counsel for petitioner and learned Standing Counsel for respondents. This writ petition is directed against the order dated 4.3.1992 passed by Prescribed Authority, Lucknow Development Authority directing for demolition of unauthorized construction raised by petitioner at plot no. 3/545, Vivek Khand, Gomati Nagar, Lucknow for which notice was already issued to him on 30.1.1992; and, appellate order dated 21.2.1995, whereby petitioner's appeal has been rejected on the ground of limitation.
(2.) The brief facts, borne out from pleadings in the writ petition, show that petitioner possessed lease hold plot no. 3/545 at Gomti Nagar, Lucknow and made construction thereon. He was served with notice dated 30.1.1992 by Lucknow Development Authority (hereinafter referred to as "LDA") purported to have been issued under Section 27(1) of U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as "Act, 1973"), alleging that the construction was wholly unauthorized, being without sanction of map and, therefore, it should be demolished. Petitioner's objection dated 24.2.1992 (Annexure 1 to the writ petition) pleaded that he submitted plan/map for construction of a House in 1989 but received no order of sanction from respondent-Authority, namely, LDA. He, therefore, started construction. While construction was going on, he received a notice dated 27.12.1991 directing him to stop construction being unauthorized, though, by that time, construction had already completed. Since petitioner made construction on his own plot, there is no encroachment, therefore, notice is not legal and deserved to be revoked.
(3.) He further stated and admitted in para 9 of his objection giving details of a number of Houses where constructions made were unauthorized i.e. without the map having been sanctioned by LDA and alleged that in none of these cases, any action of demolition has been taken by LDA.
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