- (1.) This is a second writ petition by which the Petitioner has questioned the applicability of the Government order dated 22.10.2002 contained in Annexure 8 to the writ petition which has been issued under Section 41 of the U.P. Urban Planning and Development Act.
(2.) In the first writ petition, a Division Bench of this Court refrained itself to decide the question and remitted the matter to the State Government to take a decision as to whether the aforesaid Government order is applicable to New Okhla Industrial Development Authority or not though the Division bench had noticed the relevant provision of the U.P. Urban Planning and Development Act as well as Section 12 of the U.P. Industrial Area Development Act.
(3.) Section 41 of the U.P. Urban Planning and Development Act is reproduced as follows: Control by State Government. (1) The (Authority, the Chairman or the Vice-Chairman) shall carry out such dire ctions as may be issued to it from time to time by the State Government for the efficient administration of this Act. (2) If in, or in connection with, the exercise of its powers and discharge of its function by the (Authority, the Chairman or the Vice-Chairman) under this Act any dispute arises between the (Authority, the Chairman or the Vice-Chairman) and the State Government, the decision of the State Government on such dispute shall be final. (3) The State Government may, at any time, either on its own motion or on application made to it in this behalf, call for the records of any case disposed of or order passed by the (Authority, or the Chairman) for the purpose of satisfying itself as to the legality or propriety of any order passed or direction issued and may pass such order or issue such direction in relation thereto as it may think fit: Provided that the State Government shall not pass an order prejudicial to any person without affording such person a reasonable opportunity or being heard. (4) Every order of the State Government made in exercise of the powers conferred by this Act shall be final and shall not be called in question in any Court. Under Section 41 Sub-clause (1) the Government is empowered to issue orders for efficient administration of this Act (Urban Planning and Development Act). Section 41 has been made applicable to New Okhla Industrial Development Authority, which is created under the Industrial Area Development Act, 1976 by Section 12. Section 12 of the Act reads as under: 12. Applications of certain provisions of President's Act XI of 1973 - The provision of Chapter VII and Sections 30, 32, 40, 41, 42, 43, 44, 45, 46, 47, 49, 50, 51, 53 and 58 of the Uttar Pradesh Urban Planning and Development Act, 1973, as re-enacted and modified by the Uttar Pradesh President's Act (Re-enactment with Modifications) Act, 1974, shall mutatis mutandis apply to the Authority with adaptation that- (a) any reference to the aforesaid Act shall be deemed to be a reference to this Act ; (b) any reference to the Authority constituted under the aforesaid Act shall be deemed to be a reference to the Authority constituted under this Act ; and (c) any reference to the Vice-Chairman of the Authority shall be deemed to be a reference to the Chief Executive Officer of the Authority.;