Mirza Muzaffar Baig v. Vice Chairman Ghaziabad Development Authority

Suit filed on behalf of the plaintiff-appellant for permanent prohibitory injunction and for issuance of land conversion certificate from the Ghaziabad Development Authority, Ghaziabad has concurrently been discarded by both the courts below on the ground of maintainability. Learned counsel for the contesting respondent (Ghaziabad Development Authority) states that against the rejection of the compounding application and notice for demolition, there is a provision to prefer an appeal under Section 27(2) of the Uttar Pradesh Urban Planning and Development Act, 1973, therefore, suit filed on behalf of the plaintiff has rightly been discarded by both the courts below. After due deliberations at length, learned counsel for the appellant has prayed to dismiss the instant appeal as withdrawn with liberty to approach before the appropriate authority under the U.P. Urban Planning and Development Act, 1973 to prefer an appeal against the rejection of the application for compounding and demolition notice issued by the authority concerned. In view of the above, instant appeal is dismissed as withdrawn with liberty as prayed for. However, it is made clear that any observation made by the courts below while deciding the suit/appeal shall not be binding upon the appellate authority under the U.P. Urban Planning and Development Act, 1973, who shall decide the appeal, in case, filed on behalf of the present appellant, on it's own merits. Order Date :- 11.3.2025 Rama Kant RAMA KANT High Court of Judicature at Allahabad