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SUPREME COURT OF INDIA
B.L.Hansaria : K.Ramaswamy
U.P.Avas Evam Vikas Parishad
Versus
Friends Co-operative Housing Society Limited
Case No. : 5433 of 1095
Date of Decision : 4/24/95
Advocates Appeared: Jain P.K. : Mani M.N.Krishna : Pundir A.S.
U.P. Urban Planning and Development Act, 1973 - Section 59 - Land Acquisition Act, 1890 - Section 4 – Constitution of India - Article 21 - Acquisition of Land – Claim of compensation - Uttar Pradesh except in relation to those housing or improvement schemes which have either been notified under Section 32 of Uttar Pradesh before declaration of area comprised therein as development area or which having been notified under Section 28 of said before said declarations are thereafter approved by State Government for continuance under said or which are initiated after such declaration with approval of State government hereinafter in this section referred to as Special Scheme shall in respect of a development area remain suspended – Held, court in Life Insurance of India Escorts Ltd. considering the distinction between "special permission" and "general permission", "previous approval" or "prior approval" in held that – Court are conscious that word prior or previous may be implied if the contextual situation or the object and design of the legislation demands it, we find no such compelling circumstances justifying reading any such implication into Section 29(1 of the Act - Ordinarily, the difference between approval and permission is that in the first case the action holds good until it is disapproved. while in other case it does not become effective until permission is obtained. But permission subsequently granted may validate the previous Act. AS to word approval in Section 33 Of Industrial Disputes Act, it was stated in Lord Krishna Textiles Mills Lid. V, Workmen, that Management need not obtain previous consent before taking any action - Requirement that the Management must obtain approval was distinguished from requirement that it must obtain permission, of which mention is made in Section 33 - It is seen that the approval envisaged under Exception of Section 59(l) is to enable to proceed further in implementation of the scheme framed by Board. Until approval is given by the government, the Board may not effectively implement the scheme. Nevertheless, once approval is given, all previous acts done or actions taken in anticipation of the approval get validated and the publications made under Act thereby become valid - Question then is whether the present is a fit case for our interference under Article 136 - On similar facts when the appellant itself has compromised with others and the same has not been extended to the respondents, we think that it is not a fit case for our interference - Respondents society also consists of the members who need sites for construction of their houses - Right to shelter is a fundamental right, which springs from the right to residence assured in Article 19(l)(e) and right to life under Article 21 of the Constitution - Appeal is dismissed
Certainly. Here are the key points derived from the provided legal document:
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 (!) (!) .
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 (!) (!) .
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 (!) (!) .
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 (!) .
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 (!) .
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 (!) .
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 (!) (!) .
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 (!) .
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(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 Section 4(1 of the Land Acquisition Act, 1890 and the declaration under Section 32, which is equivalent to Section 6 declaration, are invalid and inoperative. Thus this appeal by special leave.
(4) RELEVANT part of Section 59(1 )(a) reads thus:
"THE Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (except in relation to those housing or improvement schemes which have either been notified under Section 32 of Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 before the declaration of the area comprised therein as development area or which having been notified under Section 28 of the said Adhiniyam before the said declarations are thereafter approved by the State Government for continuance under the said Adhiniyam or which are initiated after such declaration with the approval of the State government hereinafter in this section referred to as the Special Avas Parishad Schemes) shall in respect of a development area remain suspended...."
A reading thereof would indicate that for the development of the area the provision of the Adhiniyam shall remain suspended except in relation to three categories of the housing schemes or improvement schemes enumerated under the Adhiniyam, namely: (i) Schemes which have been notified under Section 32 of the Adhiniyam before the declaration under Section 3 of the Act; (ii) Schemes for which notification under Section 28 of the Adhiniyam has been issued before the notification under Section 3 of the Act and are thereafter approved by the State government for continuance; and (iii) Schemes which are initiated after the declaration under Section 3 of the Act with the approval of the State government.
(5) IT is to be seen that the language employed therein is that the approval of the State government is necessary. Question is whether it would be prior approval or approval given subsequent to the notification under Section 28 or declaration under Section 32 is valid in law. If prior approval would have been a precondition for further steps, the Act would have said so. This not having been done, it seems to us what is material is to obtain approval of the State government. The reason appears to be that when the schemes have been framed, the land suitably required for effective implementation of the scheme alone should be acquired and not in excess in the guise of framing the schemes.
(6) THIS court in Life Insurance Corpn. of India v. Escorts Ltd. , considering the distinction between "special permission" and "general permission", "previous approval" or "prior approval" in para 63 held that: "We are conscious that the word prior or previous may be implied if the contextual situation or the object and design of the legislation demands it, we find no such compelling circumstances justifying reading
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