Following are the details of my case
1) I purchased a flat in a group housing scheme in Agra in 2007. The posessionof the said flat will be given in 2012.
2) I a recent development the builder of the group housing scheme has decided to construct a shopping mall within the confines of the group housing society. The construction of the shopping mall has just started.
3) After studying the construction plan and the actual construction site It is very clear to me and several other members of this group housing scheme that
a) the construction of the shopping complex is in violation of agra dvelopment code and National building code/ building bylaws.
b) if the shopping complex is constructed it will block the "means of access" of the resedential towers. This means in case of fire in the resedential tower the fire brigade cannot attend to it as there is no space for parking the fire engine/tender.
c) countless lives will be lost in case of fire if the shopping complex is allowed to be constructed.
d) Agra development authority has made a mistake in approving this plan. We suspect wrongdoing on the employee of the authority who are responsible for approving the plan. Also we have found that the builder gave incorrect details of land that were available to him to the authority to get the plan sanctioned.
Can me or any other member of the group housing scheme file a writ Petition in th Hon'ble Allahabad high court against Agra Development Authority and make the builder one of the respondents? The objective of this petition would be to make the authority explain why it approved a plan in violation to the building code. Does high court entertain such complaints where the safety of the public is jeopardised due to negligence of the authority?
Please advice.
