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Mahesh (none)     11 April 2012

Remedy for complaince of state govt order by devel.authority

Hi,
I have a question on the remedy available in case a state government order is not complied with by the development authority.

Case summary: Aggrieved by the illegal sanction given to a building by Ghaziabad development Authority aka 'GDA'  I approached the Allahabad High Court seeking cancellation of the sanction. High court directed me to approach the State government of Uttar Pradesh by means of Revision (filed under section 41(3) of UP Urban Planning and Development Act). The High Cour Order is attached. I preferred the revision as per direction of the high court and the State government decided the petition in my favour and directed GDA to cancel the sanction and take next steps over the illegal building. The order is attached. Now it has been 2 months (order is dated 14.02.2012) GDA has not complied with it. I have filed RTI and submitted 3 separate letters to Vice Chairman and Secretary of GDA urging them to comply but no action has been taken. I met the secretary of GDA and he has taken a stand that GDA won't comply with the order as it would offend the builder. He is not willing to give any written explanation.

What remedy is available to me for making GDA comply with the state government order?
If you think a writ lies in this case pls provide citations to support it.

Thanks
Mahesh



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