RAM KISHAN AGRAWAL Vs. MATHURA VRINDAWAN DEVLOPMENT AUTHORITY

JUDGEMENT

(1.) We have heard Sri P. C. Jain Advocate for the petitioners, the learned Standing Counsel for the State and Sri D. S. Chauhan for the Mathura Vrindawan Development Authority (referred hereafter as MVDA) at length. A short counter affidavit has been filed by the MVDA.

(2.) The petitioners are small colonizers. On 2-7-2005 they submitted a lay out plan to the MVDA for sanction under Sections 14 & 15 of U.P. Urban Planning and Development Act 1973. The plan was kept pending without any orders till 3-9-2005 when an order was passed by the MVDA refusing to sanction the plan on one solitary ground. That order was disclosed for the first time through the counter affidavit. A copy of that order has been enclosed as second annexure to the short counter affidavit of the MVDA.

(3.) This writ petition was filed originally seeking a direction to the MVDA to take a decision in respect of the plan submitted by the petitioners. Upon disclosure of the said order dated 3-9-2005, it has also been challenged by means of an amendment application, which we have allowed today.