RACHNA RANI Vs. MUZAFFARNAGAR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner for grant of writ of certiorari quashing the order dated 13.7.2009 passed by respondent No. 1.

(2.) In short, the contention of the petitioner is that vide order dated 13.7.2009 respondent No. 1 has rejected the sanctioned map plan dated 6.2.2009 holding that it is not in consonance with law. Petitioner is the holder of plot at Mohalla Arya Puri, Muzaffarnagar and wanted to construct a building for commercial use and hence with this view in mind she applied for sanction of the map to respondent No. 1 and submitted the Map No. 13/09 for the proposed building. The aforesaid map was sanctioned by the respondent vide order dated 6.2.2009 which is annexed as annexure-1 to the writ petition. The required charges Rs. 85,057 were deposited by the petitioner for construction of the commercial complex as aforesaid, copy of the receipt is annexed as annexure-2 to the writ petition. The aforesaid map was sanctioned for basement, ground floor, first floor and second floor. The endorsement made by the authorities is annexed as annexure-3 to the writ petition.

(3.) The map was sanctioned by the Muzaffarnagar Development Authority after due verification and there was no misrepresentation or concealment of any fact on the part of the petitioner. The aforesaid commercial complex structural design was worked out by approved Structural Engineer, the report of whom is annexed as Annexure-4 to the writ petition.