Finality Of Orders vs. Master Plans: Allahabad Hc Draws Line On Ghaziabad Development Authority's Powers

Introduction

In a significant ruling, the Allahabad High Court in Pheasant Infrastructure Private. Limited. v. State of U.P. & Others (Writ-C No. 33964 of 2023) held that once an appellate authority's order has attained finality, subordinate authorities cannot revisit the matter on fresh grounds. This judgment clarifies the limits of administrative power and safeguards developers against arbitrary refusals by development authorities.

Background of the Case

The dispute arose when Pheasant Infrastructure Private Limited submitted a group housing map for sanction in Ghaziabad in 2006. The Technical Committee approved the plan subject to conditions, including financial deposits, bank guarantees, and No Objection Certificates (NOCs) from relevant authorities.