U P AVAS EVAM VIKAS PARISHAD Vs. FRIENDS COOP HOUSING SOCIETY LIMITED

JUDGEMENT

(1.) leave granted.

(2.) We have heard learned counsel on both sides. Since there is a conflict of decision rendered by the High Court of Allahabad on interpretation of exception (iii) to S. 59 (1) (a) of the U.P. Urban Plannning and Development Act (1973) (for short 'Act') We are inclined to resolve the conflict.

(3.) Declaration under S. 3 was published on September 3, 1977. Notification under S. 28 of the U. P. Avas Evam Vikas Parishad Adhiniyam, 1965 (for short 'the Adhiniyam') was published on June 7, 1982. Immediately the appellant had sought for the approval of the Government through the letter dated July 27, 1982. The Government approved the scheme on August 24, 1982. The declaration under S. 32 of the Adhiniyam was published on February 28, 1987. The respondents filed Writ Petition No. 14708/84. The Division Bench following the ratio of Writ Petition No. 17372/87 dated March 18, 1993 titled Narinder Mohan Foundation Trust v. Special Land Acquisition Officer. Meerut, allowed the writ petition declaring that since prior approval of the Government was not obtained under exception (iii) to S. 59 (1) (a) of the Act the notification under S. 28, which is equivalent to S. 4 (1) of the Land Acquisition Act, 1890 and the declaration under S. 32, which is equivalent to S. 6 declaration, are invalid and inoperative. Thus this appeal by special leave. Relevant part of S. 59 (1) (a) reads thus: