VIBHUTI NARAIN SINGH Vs. IMPROVEMENT TRUST BENARAS

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution the petitioner challenges the validity of an order of the Improvement Trust, Banaras, sanctioning a plan for constructions submitted by the petitioner subject to certain amendments. The petitioner seeks the issue of a writ of mandamus directing the Improvement Trust, Banaras, and the Municipal Board, Banaras, to stop them from taking coercive measures to enforce the amendment of the plan or interfering in the construction of the building by the applicant according to the plan submitted by him on 9-5-1952. The petitioner has admitted in his own petition that his building is sought to be constructed along a road in respect of which the Improvement Trust of Banaras has already made a Deferred Street scheme prescribing alignment on each side of the street. In enforcing this Deferred Street scheme, the Improvement Trust directed by a resolution dated 22-8-1949 that no construction should be permitted which did not leave 7 1/2 ft. wide land on either side of the street for widening the road on both sides. In spite of this scheme, the petitioner sought to make constructions so as to include 7 1/2 ft. wide strip of land along the street also within his building. The Improvement Trust when sanctioning the plan directed that no constructions should be made over this 7 1/2 ft. wide strip of land except a cantilevered balcony subject to its being open to sky and, air.

(2.) THE petitioner's contention is that Section 180, U. P. Municipalities Act which governs the exercise of the power by the Town Improvement Trust to sanction constructions did not empower the Town Improvement Trust to impose such a condition. On the face of it this contention on behalf of the petitioner completely ignores the specific provision of the Town improvement Act, 1919, under which the Deferred Street Scheme was made by the Improvement trust. Section 29, Sub-section (1), Clause (b) of that Act lays clown:

(3.) IN these circumstances, the order passed by the Improvement Trust is valid and the petition fails and is dismissed with costs which I assess at Rs. 200/ -.