Wednesday, September 28, 2011

Revisional Authority - What is and how to approach?

Revisional authority as the name suggests is a government authority which is higher-up in the chain of command and which can review and correct (if needed) the orders/workings of a lower government body. For example a Development authority like the Ghaziabad Development Authority ('GDA' for short) is an autonomous body with the Vice Chairman at the top of the organization. The Vice Chairman approves or rejects construction plans that are submitted to GDA. The Vice Chairman of GDA can also order for demolition. The Chairman of GDA is the Principal Secretary of Housing and Urban Planning Dept. (Govt. of U.P) and hence he is the revisional authority in this case. A person aggrieved by GDA has to approach the revisional authority i.e. the the Principal Secretary of Housing and Urban Planning Dept. (Govt. of U.P) via a petition/complaint known as 'Revision' filed under  Section 41 subsection 3 of the U. P. Urban Planning and Development Act, 1973. A 'revision' is not very different from a writ except that it is addressed to the revisional authority instead of the court.

 Mind you for other development authorities (other than GDA) the revisional authority could be someone other than the Principal Secratary. It is generally the Chairman of the given development authority who has revisional powers.  Since the chairman of GDA is the Principal Secretary thus he becomes the revisional authority for GDA.

If you approach the High Court before going to the revisional authority they will surely direct you back to them as an alternate remedy lies.

Following is a High court judgment that unambiguously defines the powers of a revisional authority.

Powers of Revisional Authority - Vinod Kumar Bhalotia vs State of U. P. and Others on 15 December, 1999

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