U P AVAS EVAM VIKAS PARISHAD Vs. RAM KRISHANA
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
UTTAR PRADESH AVAS EVAM VIKAS PARISHAD
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(1.)These Appeals are against a Judgment dated 3rd October, 1985.
(2.)Briefly stated the facts are as follows :
The area in question was declared as a development area on 20th August, 1974. On 8th, 15th and 20th March, 1980, the scheme in question was notified under Section 28 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the Adhiniyam). The State Government approved the scheme on 11th June, 1982. The scheme came to be notified under Section 32 of the Adhiniyam on 28th August, 1982. The Respondent then challenged the scheme on the ground that the scheme having been notified prior to the sanction of the State Government was null and void and could not be given effect to. This submission found favour with the High Court, who allowed the writ petition by the impugned judgment.
(3.)Thus the question for consideration is whether a scheme notified under Section 28 of the Adhiniyam is liable to be struck down if it has not been approved by the State Government prior to its publication. This question has been answered by this Court in the case of U.P. Avas Evam Vikas Parishad and another v. Friends Co-op. Housing Society Ltd. and another reported in 1995 Supp (3) SCC 456. In this case it has been held that prior approval was not necessary. It is held that the Petitioner Board could not implement the scheme until approval was given by the State Government. it is held that once the approval is given, all the previous acts done and actions taken get validated and the publications made under the Adhiniyam also become valid. This decision covers this case squarely.
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