- (1.) leave granted.
(2.) We have heard learned counsel on both sides. Since there is a conflict of decision rendered by the High Court of Allahabad on interpretation of exception (iii) to S. 59 (1) (a) of the U.P. Urban Plannning and Development Act (1973) (for short 'Act') We are inclined to resolve the conflict.
(3.) Declaration under S. 3 was published on September 3, 1977. Notification under S. 28 of the U. P. Avas Evam Vikas Parishad Adhiniyam, 1965 (for short 'the Adhiniyam') was published on June 7, 1982. Immediately the appellant had sought for the approval of the Government through the letter dated July 27, 1982. The Government approved the scheme on August 24, 1982. The declaration under S. 32 of the Adhiniyam was published on February 28, 1987. The respondents filed Writ Petition No. 14708/84. The Division Bench following the ratio of Writ Petition No. 17372/87 dated March 18, 1993 titled Narinder Mohan Foundation Trust v. Special Land Acquisition Officer. Meerut, allowed the writ petition declaring that since prior approval of the Government was not obtained under exception (iii) to S. 59 (1) (a) of the Act the notification under S. 28, which is equivalent to S. 4 (1) of the Land Acquisition Act, 1890 and the declaration under S. 32, which is equivalent to S. 6 declaration, are invalid and inoperative. Thus this appeal by special leave. Relevant part of S. 59 (1) (a) reads thus: "Thus Uttar Pradesh Avas Evam Vikas Parishad Andhiniyam 1965 (Except in relation to those housing or improvement schemes which have either been notified under S. 32 of Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 before the declaration of the areas comprised therein as development area or which having been notified under S. 28 of the said Adhiniyam before the said declaretions are thereafter 'approved' by the State Government for continuance under the said Adhiniyam or which are initiated after such declaration "with the approval" of the State Government hereinafter in this section refferred to as the Special Avas Parishad Schemes shall in respect of a development area remain suspended....." A reading thereof would indicate that for the development of the area provision of the Adhiniyam shall remain suspended except in relation to three categories of the housing scheme or improvenemt schemes enumerated under the Adiniyam namely:(i) Schemes which have been notified under S. 32 of the Adhiniyam before the declaration under S. 3 of the Act; (ii) Schames for which nitification under S. 28 of the Adhiniyam has been issued befor the notification under S. 3 of the Act and are thereafter approved by the State Govt. for continuance; and (iii) Schemes which are initiated after the declaration under S. 3 of the Act with the approval of the State Government.;