Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1965/Uttar Pradesh Planning and Development Act 28 and 32/59 1973 Selections 16 Utrar Pradesh Avas Evam Vika' Parishad Adhiniyam |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Utrar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965/Uttar Pradesh Planning and Development Act, 1973 Sections 16, 28 and 32/59 Housing . scheme framed in a development area-Notification of the Scheme-Subsequent approval of the scheme by State Government-Validity of Held, approval by the State Government can be only on the final scheme prepared after consideration of objections lo the notified scheme-Under the law, no previous approval was warranted before the notification of the Scheme.The disputed area of land was declared as a development area in 1974 under the Uttar Pradesh Planning and Development Act, 1973. The Act repealed the earlier Act known as the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (Adhiniyam). However, this area was exempted from the Act by an amendment under section 59 of the Act in 1976. Under the exemption, appellant-Board is authorised to initiate new housing schemes in the development area with the approval of State Government under the Adhiniyam. In 1980, a housing scheme was notified by the appellant under section 28 of the Adhiniyam. The State Government approved title scheme under section 32 of the Adhiniyam in 1982. Respondents, whose lands were acquired by the appellant for the scheme, filed Writ Petitions in High Court challenging the scheme on the ground that the scheme has been notified prior to the approval by the State Government. The High Court allowed the Writ Petitions holding that only those schemes which are initiated with the prior approval of the State Government would be exempted under the provisions of the Act. In appeal, the appellant submitted that this Court in UP. Avas Evam Vikas Parishad and Anr. v. Friend Coup. Housing Society ltd. and Anr., [1995] Supp 3 SCC 456 had already held that prior approval of the State Government was not necessary before initiation of the scheme by a notification under section 28 of the Adhiniyam; and that by subsequent approval, all the previous acts done and actions taken get validated and the notification made becomes valid. The Court referred the matter to a larger Bench consisting of three judges for reconsideration of the above decision holding the view that a scheme is initiated under section 16 and not under section 28 of the Adhiniyam as held previously; that it must be first approved by the State Government before notification of the same under section 28 of the Adhiniyam; and that the subsequent approval would not cure the defect. The respondents contended that a scheme can be initiated on framing of the scheme under Section 16 and such a scheme should be notified by the appellant under Section 28 of the Adhiniyam only after the grant of prior approval by the State Government; that the language in the Act granting exemption indicates that the initiation and approval of the scheme must be together; that the disputed scheme was not initiated with the approval of the State Government and hence, is not covered by the exemption granted under the Act; that, by the operation of the Act, the provisions of the Adhiniyam remained suspended for the disputed land and could not be invoked by the appellant and hence, the appellant had no legal authority to issue notifications under Sections 28 and/or Section 32 of the Adhiniyam and the same were wholly illegal; and that there is no subsequent approval of the State Government contemplated under the Act or the Adhiniyam. |
Judge | Hon'ble Mr. Justice S.N. Variava |
Neutral Citation | 2002 INSC 77 |
Petitioner | U.p. Avas Evam Vikas Parishad |
Respondent | Ram Krishna And Ors. |
SCR | [2002] 1 S.C.R. 988 |
Judgement Date | 2002-02-13 |
Case Number | 1806 |
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