Development Authority Cannot Reject Sanction Of Map Once Commissioner's Order Has Attained Finality: Allahabad High Court

The Allahabad High Court has recently held that once order of the Commissioner in appeal has attained finality, the Development Authority cannot reject sanction of map based on subsequent master plan which might be in contradiction with the order of the Commissioner.

While dealing with a developers writ petition against Ghaziabad Development Authority, Justice Prakash Padia held

“in compliance of the order passed by the Commissioner in the appeal, the Development Authority was under obligation to consider that the formalities, as required by letter dated 28.11.2006 had been completed or not and in case, the formalities, as mentioned in the order are completed, the authority was required to release the map, but the Development Authority, wholly illegally, carved out a new case to reject the sanction of map, i.e. land use under Master Plan 2021, which is contrary to the directions issued by the Commissioner in the appeal.”

Petitioner submitted a map for developing group housing in District Ghaziabad. On 28.11.2006, the map was approved by the Technical Committee, however petitioner was required to fulfil certain conditions. Upon request by the petitioner to waive the charges for change of use of land, the Development Authority waived the same. Petitioner obtained all necessary no objections from various departments.

On 10.1.2009, the Development Authority wrote to the petitioner to complete all formalities else the map would be rejected. Petitioner relied stating that despite completing all formalities, the map was not being released. Petitioner's map was not being released on grounds that in Master Plan-2021, petitioner's land was marked for community facility and road instead of residential use.

The Vice-Chairman, Ghaziabad Development Authority and Special Secretary of Housing and Urban Planning, rejected petitioner's representation stating that since petitioner had not fulfilled the conditions, the sanction of map had been cancelled on 5.10.2012. The Commissioner, Meerut Division Meerut set aside the order of the Vice-Chairman on grounds that all formalities had been completed by 2009 and directed the Authority to reconsider the grant of approval to the petitioner.

Vide order dated 22.11.2019, the Vice-Chairman, GDA rejected petitioner's map relying on the Master Plan-2021. Petitioner preferred a revision as provided section 41(3) of U.P. Urban Planning and Development Act, 1973 before the Principal Secretary, Housing and Urban Development, Civil Secretariat, Vidhan Sbhabha Marg, Lucknow which was rejected. Thereafter, petitioner approached the High Court.

The Court observed that the Master Plan-2021 (approved and implemented from 3.2.2015) was not in existence at the time of passing the cancellation order (dated 5.10.2012). it was observed that the respondent had set up a new case in the counter affidavit for the first time regarding exchange of land under Section 161 of The U.P. Zamindari Abolition and Land Reforms Act, 1950.

Further, the Court noted that in the counter affidavit, it had been admitted that the petitioner had completed all the formalities and held that the Authority was bound to sanction the map to the petitioner.

Observing that the order of the Commissioner was final and binding on the parties, the Court held that the only condition was to complete the formalities as per 2006 letter, the sanction of map could not have been rejected on grounds of the Master Plan-2021 and change in land use which was subsequent to the cancellation order.

“The order of Vice Chairman dated 22.11.2019 is contrary to law, as the Vice Chairman while passing the aforesaid order has proceeded on the basis of land use in Master Plan 2021, whereas the sanction of map of petitioner stands revived, after setting aside the order dated 5.10.2012 and as the sanction was prior to enforcement of Master Plan 2021, the order passed by the Vice- Chairman dated 22.11.2019 is hereby quashed.”

Accordingly, the Court directed the Vice Chairman, Ghaziabad Development Authority, Ghaziabad to release the map of the petitioner from Group Housing which has already been sanctioned vide letter dated 28.11.2006.

Case Title: Pheasant Infrastructure Private Limited v. State Of U.P. And 3 Others [WRIT - C No. - 33964 of 2023]

Counsel for Petitioner :- Nikhil Agrawal,S anjay Kumar Mishra

Counsel for Respondent :- Amit Manohar, Ravi Prakash Pandey

Click Here To Read/Download Order