A.N.VARMA, J. - (1.) THIS petition is directed against an order dated 24-12-1979 passed by the Development Authority, Varanasi, constituted under the U.P. Urban Planning and Development Act, 1973, rejecting an application filed by the petitioner for approval of a plan submitted by it for carrying out a Housing Scheme at Bajar Diha, Varanasi.
(2.) THE petitioner is a Cooperative Housing Society. Its object is stated to be development of lands acquired by it in a planned manner with a view to laying out residential colonies for its members. The petitioner claims to have purchased plots Nos. 93, 94 and 97 at village Ranipur-Bajar Diha in the city and district of Varanasi for establishing a residential colony thereon from one Sri Ashok Kumar Varma under a sale-deed dated 15-1-1976. It prepared a plan for the construction of a residential colony to be named as "Sheoraj Nagar" over the aforesaid plots and submitted the same under Section 15 of the Urban Planning and Development Act, 1973 for the approval of the Deve­lopment Authority, Varanasi. The said application was, however, rejected by the Development Authority and the rejection was conveyed through its letter dated 24-12-1979, a true copy of which is Annexure "2" to the petition. The ground disclosed in the said letter is that the area where the aforesaid plots are situate is already the subject-matter of a Housing Scheme introduced under the U. P. Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the Adhiniyam). The above order of the Development Authority, Varanasi has been assail­ed in the petition on a number of grounds, which will be dealt with in detail later in this judgment. Shortly, the contention raised in the petition is that the scheme which was initiated under the aforesaid Adhiniyam by the Parishad constituted there under had lapsed both in fact as well as by operation of vari­ous statutory provisions referred to in the petition. That being so, it is con­tended in the petition, the supposed existence of the Housing Scheme could not legally constitute a valid ground for rejecting the petitioner's application for approval.
(3.) A counter affidavit has been filed on behalf of U. P. Avas Evam Vikas Parishad, Lucknow (respondent no. 3) in which it has been stated that proceed­ings for implementing a Housing Scheme were lawfully initiated under the Adhiniyam by the Parishad with the publication of a Notification on 22-2-1972 under Section 28 thereof. Notices were thereafter also issued under Section 29 of the Adhiniyam to the individual tenure-holders, including Sir Ashok Kumar Varma. In response to that Notification and the individual notices, no objec­tions were filed by Sri Ashok Kumar Varma and in spite of the fact that notices had already been issued by the Parishad under Sections 28 and 29, the afore­said plots were sold by Sri Ashok Kumar Varma to the petitioner on 15-1-1976. While the proceedings for implementing the said Housing Scheme were still pending, the U.P. Urban Planning and Development Act, 1973 was enacted and subsequently the city of Varanasi was declared a "Regulated area" under Sec­tion 3 of the same Act. As a consequence, the aforesaid scheme was transfer­red for further implementation to the Varanasi Development Authority. Necessary sanction of the State Government under Section 59 of the Develop­ment Act, 1973, to continue the scheme has already been applied for, and that the matter was currently receiving the consideration of the State Government. As soon as the necessary formalities have been completed, the Notification under Section 32 (i) of the Adhiniyam would be issued. It is further asserted that the scheme initiated under the Adhiniyam is very much alive, and that the allega­tion that the scheme has lapsed or that it has been dropped is wrong and unfounded.;