D.B. KAUSER Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed challenging the order dtd. 7/1/2016 whereby the State Government, in exercise of powers under Sec. 41(3) of the U.P. Urban Planning and Development Act-1973 (hereinafter referred to as 'the Act-1973'), has decided a Revision No.33/12 (Smt. Lakshmi Singh v. Allahabad Development Authority and Ors.) remanding the matter to the Allahabad Development Authority with a direction to dispose off the compounding map submitted by the revisionist (Lakshmi Singh) in 2005, after providing opportunity of hearing to all the parties and in the light of Rules, Bye-laws and Government Orders relating to compounding.

(2.) The petitioner has also claimed quashing of all proceedings pursuant to the application filed by the respondent no.5 for compounding of unauthorized constructions with a further prayer to direct the Development Authority to demolish the unauthorized constructions allegedly raised by the respondent no.5 allegedly over the petitioner's plot.

(3.) The Secretary of Anant Avas Sahkari Samiti Limited (in short 'Society') purchased free-hold land covered Arazi Nos. 91, 92, 93, 125 and 126/1, Mauja Muirabad, Allahabad from one Mr. Theodere Hughes, vide registered sale deeds dtd. 22/10/1986 and 28/1/1987. The petitioner purchased a plot bearing No.12-A over Arazi Nos.91 and 126/1 measuring 25' x 70', vide registered sale deed 16/7/1987 from the Society. It is stated that Mr. Shiva Mohan Singh Advocate, husband of respondent no.5 (Lakshmi Devi), committed a criminal trespass over the petitioner's plot on 12/1/1990 and, thereafter, again on 14/4/1990 in association with one Mr. Rama Shanker Misra, although the said persons neither had any contract for sale in their favour nor any sale deed executed by the Society. Description of various plots transferred by the Society in favour of other persons has also been given in the writ petition. It is pleaded that name of the petitioner was mutated in the revenue records pursuant to the sale deed dtd. 16/7/1987 and that it was only in the year 1996 that the Allahabad Development Authority included the aforesaid land under the master plan for construction of residential houses.