The main legal point established in the judgment is the requirement for the impugned order to consider the impact of the applicability of the relevant provisions and the power of the State Government to control authorities and issue directions.

R. P. Misra and A. P. Sahi, JJ.—The present writ petition has been filed questioning the legality of the order dated 11.10.2004. Annexure-11 to the writ petition, on the ground that the reasons given for rejecting the representation suffer from manifest error of law inasmuch as the respondent-State Government has failed to take into consideration the provisions of Sections 6 and 12 of the U. P. Industrial Area Development Act, 1976 and Section 41 of the U. P. Urban Planning and Development Act, 1973.

2. We have heard Sri Rakesh Pandey, learned counsel for the petitioner, learned standing counsel for respondent Nos. 1, 2 and 3 and Sri Anurag Khanna, learned counsel for respondent No. 4.

3. The matter was taken up by us on 2.12.2004 on which date a request was made by the learned standing counsel for receiving instructions and then the matter was taken up on 8.12.2004, 10.12.2004 and finally heard on 13.12.2004 with the consent of the learned counsel for the parties.

4. Having heard the learned counsel for the parties, we are of the opinion that the present matter can be disposed of on a very short question as to whether non-consideration of the relevant provisions as referred to hereinabove vitiate the order or not.

5. Learned counsel for the petitioner has urged that the representation of the petitioner was to be considered in the light of the judgment of this Court dated 23.4.2004 and that the petitioner was entitled to get the land and constructions exempted to the extent as indicated in the Government order dated 22.10.2002 and the decisions rendered by the Apex Court in this regard.

6. In reply to the submissions of the learned counsel for the petitioner, Sri Anurag Khanna, learned counsel for the respondent has urged that the impugned order clearly records that the petitioner is not entitled to any such benefit inasmuch as the benefit is not available to the petitioner in view of Khodaiji Committee report as the petitioners society was constituted in the year 1982. Learned counsel for the respondent has further urged that the State Government has, while disposing of the representation, taken a decision to the effect that the Government order dated 22.10.2002 is not applicable inasmuch as the said Government order applies only with regard to the development authority constituted under the U. P. Urban Planning and Development Act, 1973 and not to the Industrial Development Authority under the 1976 Act. He, therefore, submits that no ground for interference is made out with the impugned order. Sri Khanna has placed reliance on the decision of the Apex Court rendered in Kendriya Karamchari Sahkari Grih Nirman Samiti Ltd. and another v. New Okhla Industrial Development Authority and others, (1988) 1 SCC 63, with particular reference to paragraph 12 of the said decision.

7. Upon having examined the rival contentions, we find it necessary to quote Sections 6 and 12 of the U. P. Industrial Area Development Act, 1976 hereinunder :

"6. Functions of the Authority.—(1) The object of the authority shall be to secure the planned development of the industrial development areas.

(2) Without prejudice to the generality of the objects of the authority, the authority shall perform the following functions :

(a) to acquire land in the industrial development area, by agreement or through proceedings under the Land Acquisition Act, 1894 for the purpose of this Act ;

(b) to prepare a plan for the development of the industrial development area ;

(c) to demarcate and develop sites for industrial, commercial and residential purposes according to the plan ;

(d) to provide infra-structure for industrial, commercial and residential purposes ;

(e) to provide amenities ;

(f) to allocate and transfer either by way of sale or lease or otherwise plots of land for industrial, commercial or residential purposes ;

(g) to regulate the erection of buildings and setting up of industries ; and

(h) to lay down the purpose for which a particular site or plot of land