RAJEEV KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has sought the quashing of the orders dated 3rd May, 2007 and 12th August, 2009 passed by the Commissioner, Agra Region Agra as Chairman of the Mathura Vrindavan Development Authority (hereinafter referred to as the 'Development Authority').

(2.) The records of the writ petition indicate that the Development Authority framed Mahavidya Colony Phase-II. Plot No. 60-B in the said colony was purchased by Sri Indra Deo Pandey and thereafter with the permission of the Development Authority, it was sold to the petitioner by the registered sale deed dated 15th June, 2006. It is stated in the petition that Plot Nos. 59, 60, 60-A, 60-B and 60-C are adjacent plots. Plot No. 59 belongs to Hari Mohan Garg. Plot No. 60 belongs to respondent No. 4 Jitendra Kumara Katara. Plot No. 60-A belongs to respondent No. 5 Vishwanath Bhardwaj, and Plot No. 60-C belongs to respondent No. 6 Ajay Kumar Singh.

(3.) The petitioner filed an application before the Vice-Chairman of the Development Authority on 4th October, 2006 alleging that respondent No. 4 Jitendra Kumar Katara had encroached 1.2 meters wide land of Plot No. 60-A belonging to respondent No. 5 Vishwanath Bhardwaj and respondent No. 5 Vishwanath Bhardwaj had in turn encroached 1.2 meters wide land of Plot No. 60-B belonging to the petitioner. The Vice Chairman of the Development Authority, after hearing the parties and after getting the spot measurements done, found that respondent No. 4 Jitendra Kumar Katara had encroached 1.2 meters wide land of Plot No. 60- A. He, accordingly, directed respondent No. 4 to remove the said encroachment by 30th March, 2007.