- (1.) D. S. Sinha, J. Heard Shri Sandeep Saxena, learned Counsel appearing for the petitioners and Shri Chandra Prakash, learned Counsel representing the respon dents, at length and in detail.
(2.) BY means of this petition under Article 226 of the Constitution of India, The petitioners pray that notices under Sections 28 and 29 and Notification under Section 32 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, hereinafter called the Adhiniyam, in respect of the Haldwani Bhomi Vikas and Grihsthan Yojana No. 3", be quashed. Twin grounds in support of the challenge to the impugned notices and notification urged by learned Counsel of the petitioner are these? (a) Notice under Section 28 was not published as required by the Adhiniyam; and (b) The objections filed by the petitioners were not disposed of by the authority competent to do so in law. Section 28 of the Adhiniyam provides that when any housing or im provement scheme has been framed, the Board shall prepare a notice specifying therein certain details and shall cause the said notice to be published weekly for three consecutive weeks in (i) the Gazette and (ii) two daily newspapers having cir culation in the area comprised in the scheme at least one of which shall be a Hindi newspaper; and send a copy of the notice to the local authority or authorities within whose jurisdiction the area com prised in the scheme lies.
(3.) SECTION 29 of the Adhiniyam con templates that within six weeks from the date on which any notice is first published under SECTION 28 in respect of any housing or improvement scheme the Board shall serve a notice in such form, on such per sons or classes of persons and in such man ner as may be prescribed, stating that the Board processes to acquire any specified land or building for the execution of the scheme or proposes to levy betterment fee. Section 30 of the Adhiniyam entit les and local authority to whom a copy of the notice has been sent under clause (b) of sub-section (2) of Section 28 to file any objection against the scheme within sixty days from the receipt of the copy of the notice. The said section also comers right upon any person to whom a notice under Section 29 has been served within prescribed time to make an objection in writing to the Board against the scheme or the proposed acquisition or levy.;