BRAHMA PRAKASH AND OTHERS Vs. U.P. AVAS EVAM VIKAS PARISHAD, LUCKNOW AND OTHERS
LAWS(ALL)-1985-10-80
HIGH COURT OF ALLAHABAD
Decided on October 03,1985

Brahma Prakash And Others Appellant
VERSUS
U.P. Avas Evam Vikas Parishad, Lucknow And Others Respondents

JUDGEMENT

B.D.Agrawal, J. - (1.) This bench of writ petitions under Article 226 of the Constitution raises certain common questions and is dealt with together in this judgment.
(2.) The U.P. Avas Evatn Vikas Parishad Adhiniyam, 1965 (U.P. Act 1 of 1966) (the Adhiniyam for short) provides for the establishment, incorporation and functioning of a housing and development board in this State. This aimed to ensure effective co-ordination and control in the matter of tackling the housing and development problems of the growing urban areas and areas with potentialities of development on planned basis. Tire Board constituted accordingly is a body corporate. The functions of the Board include the framing and execution of housing and improvement Schemes which may be Grihsthan Yojana (house accommodation scheme) or Bhumi Vikas Yojana (land development Scheme) or both. Certain combined Bhumi Vikas Evam Grihsthan Yojanas were framed from time to time. These were given publicity and for proposed acquisition notice was given to the persons concerned individually. For considering objections thereto, the Board delegated its authority to a Committee called the Niyojan Samiti. After hearing the objectors the Samiti gives its report. This was taken into account by the Board and its recommendation Sent for sanction to the Board in cases where the estimated cost of the scheme is over Rs. 20 lacs. The sanction of the State Government was notified in the gazette followed by the steps to take possession and make the award.
(3.) Aggrieved due to their objections being not accepted to, the petitioners have approached this Court In some of these cases their grievance is directed against the demolition proposed of certain constructions on the footing that these are unauthorised.;


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