ANOOP KUMAR Vs. MEERUT DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner purchased 321 square yards of land on 11-6-1980 for a sale consideration of Rs. 15,050/- and thereafter the petitioner submitted an application to the Meerut Development Authority, Meerut (hereinafter called 'the Authority'), seeking permission to construct a boundary wall for the protection of the purchased land. This application was rejected by the authority and an intimation was given of the same by the Secretary of the Authority to the petitioner by letter dated 30-1-1981. In the letter it was stated that the application had been rejected as the land was proposed to be acquired for Meerut-Hapur and Meerut-Delhi Road construction scheme by the Authority.

(2.) THE petitioner filed an appeal under Section 15 (5) of the U. P. Urban Planning and Development Act, 1973 (hereinafter referred to as 'the Act') to the Chairman of the Authority. THE Chairman by his order dated 4-6-1981 allowed the appeal and granted the permission with two conditions (1) that the Authority would grant the permission with a condition that in the event of the land being acquired (obviously under the Land Acquisition Act) the petitioner would ask for no compensation for the boundary wall and (2) that the petitioner would remove the boundary wall at his own costs and with a further rider that he would make no other constructions on the land.

(3.) THE Land Acquisition Act provides for the mode in which the compensation is to be calculated ane paid to a person whose property is acquired under the Land Acquisition Act.