SYED HASAN IRSHAD Vs. CHIEF JUDICIAL MAGISTRATE SULTANPUR

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution. Opposite party No. 3 applied for permission of the Municipal Board to construct a building on the land in question. This application was filed under Sections 178 and 179 of the U.P. Municipalities Act which was allowed by the Prescribed Authority by its order dated 30 -11 -83. The plan was sanctioned. The Petitioner, who had filed objection before the Municipal Board, filed an appeal which was dismissed by the Chief Judicial Magistrate, Sultanpur on 14 -5 -84 by his judgment contained in Annexure -6. The Petitioner has now filed this writ petition.

(2.) IT has been stated in the writ petition that in 1982 opposite party No. 3 had filed a building plan before the Nagar Palika, Sultanpur for sanction to make construction over the land in question. This plan was submitted in the name of Syed Mehdi Irshad, son of the opposite party No. 3 from his second wife. The Petitioner, who is the son from the first wife of opposite party No. 3 had filed objections against the said plan. Objections were also filed by Srimati Nirmala, Basheer Ahmad and Abdul Majid. The matter was considered by the Prescribed Authority who rejected the plan as the question of title was involved in the matter. An appeal was thereafter filed by Syed Mehdi Irshad before the Chief Judicial Magistrate, Sultanpur, who dismissed the appeal with the finding that Syed Mehdi Irshad had no right to raise construction over the land which belonged to some other persons. It was also held by the Chief Judicial Magistrate that the U.P. Roadside Land Control Act was applicable to the site in question and consequently the plan could not be sanctioned without the permission of the District Magistrate, Sultanpur, as required by Section 5 of the U.P. Roadside Land Control Act, 1945.

(3.) THE petition has been opposed by the opposite party No. 3 who has filed a counter -affidavit, The Petitioner has filed a rejoinder -affidavit and has also filed an additional affidavit.