ORDER :

Leave granted.

2. The first appellant is a society registered under the Societies Registration Act, 1860 owning property in the premises bearing no. 189/1 (New no. 566) of the Haridwar Road, Rishikesh. The said premises came to be allotted on 23.6.1986 in favour of the respondent purportedly in exercise of the power under Section 16(1) of U.P. Urban Building(Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter, 'the ACT').

3. Aggrieved by the same, the first appellant preferred a revision under Section 18 of the ACT. One of the grounds was that the first appellant was not given an opportunity contemplated under the proviso to Section 16(1) of the ACT before the order of allotment came to be passed. The said revision was pending for more than a decade.

4. During the pendency of the revision, the ACT came to be amended by Act no. 5 of 1995 declaring that the ACT did not apply to any building "belonging to or vested in a public charitable or public religious institution".

5. The revision was allowed on 21.4.1997.

6. It was held by the revisionary authority that the allotment of the property in issue is unsustainable for two reasons: (i) the ACT itself did not apply to th