( 1 ) A Scheme known as Sikandara Grihsthan Evam Sarak Yojna, Agra was notified under Section 28 (1) of the U. P. Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the adhiniyam) on 4th April, 1970. In due course the said notification was followed by a notification under Section 32 (1) of the Adhiniyam published in the U. P. Gazette dated 28th june, 1980.

( 2 ) THE two petitioners, namely Doctors Sahkari Grih Nirman Samiti Ltd. and Ram Babu Gupta filed the present petition on 30th April. 1981 and questioned the authority of the Board constituted under the Adhiniyam to, in pursuance of the aforesaid notification, acquire their rights in respect of certain Bhumidhari plots mentioned in paragraph 2 of the petition. They submitted that in view of Section 55 of the Adhiniyam. which lays down that any land or any interest therein required by the Board for any of the purposes of this Act, may be acquired under the provisions of the Land Acquisition Act, 1894 (Act No. 1 of 1894), as amended in its application to Uttar Pradesh which for this purpose shall be subject to the modifications specified in the Schedule to this Act, it was not open to the State Gov