VINOD KUMAR DWIVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioners have instituted these writ proceedings for issuance of a writ of certiorari to quash the order dated 01.06.2018 passed by the Vice Chairman, Kanpur Development Authority, Kanpur; whereby, the Vice Chairman has rejected the application of the petitioners for sanctioning the map under the provisions of the Uttar Pradesh Urban Planning and Development Act, 1973 (for short, 'Act, 1973').

(2.) A brief reference to the factual aspects would suffice. The petitioners have purchased plot no. 546/7 area 148.88 square yards and 275.61 square yards, which are part of plot no. 546/7 vide sale deed dated 16.11.1990. The total area of plot no. 546/7 was 2 bighas and 14 biswas situated in Burhpur Machhariya, City and District - Kanpur Nagar.

(3.) It appears that a dispute arose in respect of the said land and an Original Suit No. 572 of 1989 was instituted by one Mahavir and another for permanent injunction restraining the Kanpur Development Authority from interfering in their possession. The said suit was contested by the Kanpur Development Authority and the suit was decreed vide judgement and decree dated 16.03.1993. The Kanpur Development Authority, dissatisfied with the judgement and decree of the trial court, preferred a Civil Appeal No. 82 of 1993. The said civil appeal was dismissed by the appellate court vide judgement and order dated 26.05.1998. Aggrieved by the order of the appellate court, the Kanpur Development Authority preferred a Second Appeal No. 1278 of 1998 before this Court, which was summarily dismissed by this Court by its order dated 19.01.2005. The copies of the orders of the trial court, appellate court as well as this Court are on the record.