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1995 Supreme(SC) 588

B.L.HANSARIA, K.RAMASWAMY
U. P. Avas Evam Vikas Parishad – Appellant
Versus
Friends Co-operative Housing Society LTD. – Respondent


Advocates:
A.S.PUNDIR, M.N.KRISHNA MANI, P.K.JAIN

Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  1. Legal Framework and Applicable Laws: The case involves the interpretation of provisions under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, the Uttar Pradesh Urban Planning and Development Act, 1973, and the Land Acquisition Act, 1890, with reference to constitutional rights under Articles 19(1)(e) and 21 of the Constitution of India (!) (!) .

  2. Scope of Land Acquisition and Development Schemes: Development schemes in a designated area are generally suspended unless they fall under specific categories, such as schemes notified or approved before certain declarations or initiated after declarations with government approval. This suspension aims to regulate the development process and safeguard public interest (!) (!) .

  3. Requirement of Government Approval: For development schemes to proceed, approval from the State Government is essential. The timing of approval—whether prior or subsequent—is significant, but the law primarily emphasizes the necessity of obtaining approval to validate actions taken under the scheme (!) (!) .

  4. Distinction Between Approval and Permission: The legal interpretation clarifies that approval is a broader authorization that remains valid until explicitly disapproved, whereas permission is a conditional approval that requires subsequent validation. Actions taken in anticipation of approval can be validated once approval is granted (!) .

  5. Validation of Acts and Actions: Once the government grants approval for a scheme, all previous acts or actions taken in anticipation of such approval are considered validated and legally effective. This validation ensures the scheme’s continuity and legality (!) .

  6. Fundamental Rights and Shelter: The right to shelter, as a component of the right to residence and life, is fundamental. Members of the society involved have a legitimate interest in acquiring sites for constructing their houses, and this right should be balanced with development and planning regulations (!) .

  7. Legal Discretion and Judicial Intervention: The court emphasizes that interference under constitutional provisions should be cautious. When parties have settled or compromised among themselves, and the rights of society members are involved, judicial intervention is limited, especially if procedural requirements are met and rights are protected (!) (!) .

  8. Conclusion and Legal Declaration: The law clarifies that actions undertaken with government approval are valid, and development schemes should proceed in accordance with legal procedures. The appeal in this case was dismissed, affirming the validity of the actions taken under the approved scheme (!) .

Please let me know if you need a detailed analysis or specific legal advice based on this case.


(1) LEAVE granted.

(2) WE have heard learned counsel on both sides. Since there is a conflict of decisions rendered by the High court of Allahabad on interpretation of Exception (in) to Section 59(1 )(.a) of the U.P. Urban Planning and Development Act, 1973 (for short Act), we are inclined to resolve the conflict.

(3) DECLARATION under Section 3 was published on 3/9/1977. Notification under Section 28 of the U.P- Avas Evarn Vikas Parishad Adhiniyam, 1965 (for short the Adhiniyam) was published on 7/6/1982. Immediately the appellant had sought for the approval of the government through the letter dated 27/7/1982. The government approved the scheme on 24-8-1081 The declaration under Section 32 of the Adhiniyam was published on 28/3/1987. The respondents filed Writ Petition No. 14708 of 1984. The division bench following the ratio in Writ Petition No. 17372 of 1987 dated 18/3/1993 titled Narinder Mohan Foundation Trust v. Special Land Acquisition Officer allowed me writ petition declaring that since prior approval of the government was not obtained under Exception (iii) to Section 59(1(a) of the Act, the notification under .section 28, which is equivalent to Sect








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