JUDGMENT

S.N. Variava, J.-These Appeals are against a Judgment dated 3rd October, 1985.

2. Briefly stated the facts are as follows :

The area in question was declared as a development area on 20th August, 1974. On 8th, 15th and 20th March, 1980, the scheme in question was notified under Section 28 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the Adhiniyam). The State Government approved the scheme on 11th June, 1982. The scheme came to be notified under Section 32 of the Adhiniyam on 28th August, 1982. The Respondent then challenged the scheme on the ground that the scheme having been notified prior to the sanction of the State Government was null and void and could not be given effect to. This submission found favour with the High Court, who allowed the writ petition by the impugned judgment.

3. Thus the question for consideration is whether a scheme notified under Section 28 of the Adhiniyam is liable to be struck down if it has not been approved by the State Government prior to its publication. This question has been answered by this Court in the case of U.P Avas Evam Vikas Parishad & Anr. vs. Friends Coop. Housing Society Ltd. and Anr.