JUDGMENT

BEG, J. :—The appellant before us, by grant of special leave to appeal against the judgment of a Division Bench of the Allahabad High Court, challenges the validity of a Housing Scheme, first notified on 13th March, 1965, under Section 36 of the U. P. Town Improvement Act No. VIII of 1919 (hereinafter referred to as the Act ), and then finally sanctioned, under Section 32(1) of the U.P. Avas Evam Vikas Parishad Adhiniyam U.P. Act I of 1966 (hereinafter referred to as the Adhiniyam ) and published on 3rd May, 1969 in the U.P. Gazette.

2. Learned counsel for the petitioner has invited our attention to the five objections put forward and rejected by the Division Bench to the acquisition for purposes of the scheme. Out of these, he has abdoned two. He confines his objections to three which are as follows :

3. Firstly, as the notification under Section 8 of the Act of 1919, indicatng the commencement of the term of the office of the 1st Trustees took place only on 21st February, 1966, after the Act of 1919 had been repealed, the Trustees, who had been appointed by a notification dated 21st March, 1963, under Section 4 of the Act of 1919, could not have framed any scheme because the Trust itself was never properly constituted.

4. Secondly, even if the first objection be not sustainable, the scheme, as sanctioned by the Trust, not being the same as the one which was first notified under the Act of 1919, could not be continued under the provisions of Section 97 of the Adhiniyam.

5. Thirdly, the notification made under Section 32 (1) of the Adhiniyam of 1966, with regard to the "Rustampur-Tiwaripur Vikas Yojna No. 5", which was to be equated with a notification under Section 6 of the Land Acquisition Act, 1894, was inavlid, because it was not published within two years after the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967, as required by S. 4(2) of the Land Acquisition (Amendment and Validation) Act of 1967.

6. With regard to the 1st objection the relevant provisions placed before us are Sections 4 and 8 of the Act of 1919. They are :

"4. Constitution of Trust - (1) Trust shall consist of the following Trustees, namely. ............

(a) a Chairman;

(b) the Chairman of the Municipal Board;

(c) repealed.

(d) seven other persons in Kanpur and five other persons in other places.

(2) The Chairman and the persons referred to in Clause (d) of sub-section (1) shall be appointed by the State Government by notification.

(3) The Chairman of the Municipal Board shall be a Trustee ex officio.

(4) and (5) Repealed.

(6) Of the persons referred to in Clause (d) of sub-section (1) not more than one shall be a person in the services of the Government."

"8. Commencement of term of office of first Trustees. -

(1) The term of office of the first Trustees shall commence on such date as shall be notified in this behalf by the State Government.

(2) A person ceasing to be a member by reason of the expiry of his term of office shall, if otherwise qualified, be eligible for renomination."

Section 1, sub-s. (3) says :

"1 (3) This section and Section 66 shall come into force at once. The 419 State Government may, by notification direct that the rest of the Act shall come into operation in the whole or any part of any Municipality and in any area adjacent thereto, on such date as may be specified in such notification."

It is not disputed that the relevant notifications had been issued bringing the whole Act into operation before the notification of 21st March, 1963, with which we are concerned here, was published showing that the Governor of U. P. was pleased to appoint the District Magistrate of Gorakhpur as the Chairman of the Gorakhpur Improvement Trust and others as Trustees of it.

7. Chapter II of the Act of 1919 dealing with Constitution of trusts, begins with Section 3, which reads as follows :

"3. Creation and incorporation of Trust.- The duty of carrying out the provisions of this Act in any local area shall, subject to the conditi