A.N. Varma, B.N. Misra, J. - (1.) Challenging the validity of notifications issued under Section 28 and 32 of the U.P. Avas Evam Vikas Parished Adhiniyam (hereinafter called 'the Adhiniyam'), the petitioners have urged three points for our consideration.
(2.) The first is that after the area within which the land in dispute if situated was declared to be a Development Area under the U.P. Urban Planning and Development Act and a Master Plan was prepared thereafter, the respondent Parishad could not continue the housing scheme notified under Section 28 of the U.P. Avas Evam Vikas Parishad Adhiniyam without the appproval of the State Government in view of Section 59 of the U.P. Urban Planning and Development Act, in view of the fact that in the present case the notification under Section 32 had not been issued prior to declaration of the Dehra Dun Development Area.
(3.) We are unable to agree with this submission. A complete answer to this submission is furnished by a notification which has been issued under Section 53 of the U.P. Urban Planning and Development Act vide Annexure-1 to the supplementary affidavit exempting the housing scheme framed by Parishad from the operation of the U.P. Urban Planning and Development Act. In view of this notification it was not incumbent upon the Parishad to obtain approval of the State Government for continuing the scheme in pursuance of the notification issued under Section 28 of the Adhiniyam.;