KRIPA SHANKAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record.

(2.) This petition is directed against an order of the State Government dated 8.7.1984 (Annexure 3 to the writ petition) by means of which the Controlling Authority (respondent No. 3) has set aside the order dated 20.7.1977 under Section 15 of the U.P. (Regulation of Building Operations) Act, 1958 (hereinafter referred to as 'the Act').

(3.) Brief facts of the case, giving rise to this writ petition, are that after the building plan applied by the petitioners was sanctioned, they constructed a house on forest land. Subsequently an application under Section 7-A of the Act was made by the Forest Department, inter alia, with the allegations that the plan had been got sanctioned by misrepresentation of facts. The Prescribed Authority after considering the matter came to the conclusion that none of the allegations made in the aforesaid application was true with the result he rejected the application vide its order dated 20.7.1977 (Annexure 1 to the writ petition). Aggrieved by the order of the Prescribed Authority dated 20.7.1977 the Forest Department filed an appeal under Section 15 of the Act. In the appeal the petitioners raised a preliminary objection that the appeal was incompetence inasmuch as the appeal lay only against an order allowing the application under Section 7-A of the Act and not against the rejection of the application. However, the Controlling Authority upheld the objection of the petitioners and dismissed the appeal as incompetent vide its order dated 12.9.1981 (Annexure 2 to the writ petition). Aggrieved by the order dated 12.9.1981 the Forest Department filed a Revision No. 2519/37-3-84/11 of 1982 before the State Government who vide impugned order dated 8.6.1984 directed the Controlling Authority to decided the appeal on merits holding that the appeal before the Controlling Authority was competent.