M/S SKY DREAMS DEVELOPERS PVT. LTD. v. STATE OF U.P. AND 3 OTHERS
WRIC/14483/2025 · 2025-05-19
Anish Kumar Gupta, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53748 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53748 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:84790-DB IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.69) Court No. - 21 Case :- WRIT - C No. - 14483 of 2025 Petitioner :- M/S Sky Dreams Developers Pvt. Ltd. Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhinav Gaur,Sr. Advocate,Vibhu Rai Counsel for Respondent :- C.S.C.,Rahul Bhartiya Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J.
Order on C.M. Amendment Application No. 3 of 2025
1. Heard learned counsel for the parties.
2. The amendment application is allowed.
3. Learned counsel for the petitioner shall supply amended copy of the writ petition to the office within 48 hours.
Order on Writ Petition
4. The petitioner has prayed for quashing of an order dated 04.04.2025 passed by respondent no.2 i.e. the Controlling Authority, Regulated Area, Amroha declining to consider the representation of the petitioner filed against the stand of the respondents that the subject land is a pond on the ground that it has been so reserved in master plan 2031 and therefore, he would have no power to examine the issue.
5. Sri Anoop Trivedi, learned Senior Counsel assisted by Sri Vibhu Rai, learned counsel for the petitioner submits that the subject land has been wrongly shown as pond in the master plan. He submits that the property was purchased by the petitioner in an auction sale held in execution of a decree passed against the borrower by DRT. The revenue entries and various reports are being relied upon in support of the submission that the subject land was private property and was wrongly shown as pond in the master plan. It is submitted that the petitioner would file the objection before the State Government against the master plan as it has power to amend the same and the State Government be directed to consider the representation.
6. Sri M.C. Chaturvedi, learned Additional Advocate General appearing for the State does not oppose the prayer of the petitioner to approach the State Government seeking appropriate amendments in the master plan.
7. Accordingly, without expressing any final opinion on the issue, we dispose of the instant petition with liberty to the petitioner to file exhaustive representation along with supportive evidence and the copy of the instant order within two weeks before the State Government and in which event the same shall be decided by the State Government after seeking a report from the Development Authority and other Authorities as it may deem fit and proper in the facts and circumstances of the case within twelve weeks from the date, the representation is made.
Order Date :- 20.5.2025 Ashish Pd. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad