V.G. Oak, C.J. - (1.) THESE four connected special appeals arise out of proceedings under the UP (Regulation of Building Operations) Act, 1958 (UP Act No. XXXIV of 1958 hereafter referred to as the Act). Since the facts of the four cases are similar and the same questions of law are involved, it will be sufficient to refer to the facts of one of the four cases. Special Appeal No. 1091 of 1967 filed by Sunder Lal arises out of Writ No. 4216 of 1966.
(2.) SUNDER Lal purchased a plot of land at Ghaziabad in December 1962. A few months before the purchase of the land he had moved an application to the Prescribed Authority Under Section 7 of the Act for sanctioning a plan for construction of a house. A revised plan was submitted on 1 -9 -1962. On 18 -9 -1962 the plan submitted by Sunder Lal was rejected. On 28 -9 -1962 he submitted a revised plan for sanction to the Prescribed Authority. About this time the Prescribed Authority received notice Under Section 80 Code of Civil Procedure from one Purshottam Chandra, who complained that discrimination was being exercised in sanctioning plans. The Prescribed Authority referred the matter to the Con trolling Authority. The Controlling Authority took up this question along with the question of sanctioning plans to Sunder Lal and others in the meeting held on 20 -10 -1962. The Controlling Authority advised the Prescribed Authority to sanction the plans submitted by Sunder Lal and others. Accordingly, the Prescribed Authority sanctioned these plans on 26 -10 -1962. Land acquisition proceedings started in this locality. The plots purchased by Sunder Lal and others were covered by these land acquisition proceeding. The land acquisition proceedings were challenged by filing writ petitions in this Court. Those writ petitions were allowed; and the land acquisition proceedings were quashed.
(3.) ON 3 -4 -1964 the State Government issued a notice to Sunder Lal to show cause why the sanction of his plans should not be cancelled. He filed an objection. On 14 -12 -1964 the State Government passed an order to the effect that the advice given by the Controlling Authority to the Prescribed Authority was improper. It was further held by the State Government that the sanction accorded by the Prescribed Authority on 26 -10 -1962 automatically stood quashed or revoked.;