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2011 Supreme(All) 1862

PRADEEP KANT, RITU RAJ AWASTHI
Chetram and Others – Appellant
Versus
Union of India and Others – Respondent


Advocates:
Sri Qamar Ahmad, Advocate, for petitioners.
Sri J.N. Mathur, Addl. A.G. and Sri Krishna Chandra, Addl. CSC, for Respondents.

Hon'ble Ritu Raj Awasthi, J.: -

This writ petition regarding the Ujariayon Housing Scheme, Part IV challenges sections 2, 3(aa), 17, 17(1) and 17(4) of the U.P. Urban Planning and Development Act, 1973 of being ultra vires the Constitution. The petitioner also prays for the following reliefs:-

“(b) a suitable writ, order or direction commanding opposite party no. 2 to repeal or deem repealed the U.P. Urban Planning and Development Act, 1973 in full or in part to bring it in conformity with the Constitution 74th Amendment Act by reviving the suspended provisions of the U.P. Municipal Corporation Act, 1959.

(c) a suitable writ, order or direction quashing gazette notification issued under Section 4(1) of the Act dated 19.04.2010 and declaration under Section 6 of the Act dated 04.01.2011 contained in Annexure No. 3 and 4 respectively.

(d) a suitable writ, order or direction quashing the allotments made by opp.party no. 5 even before completion of acquisition proceedings for “the scheme” after summoning the original from opposite parties no. 2 to 5.

(e) a suitable writ, order or direction commanding the opposite parties no. 2 to 5 not to take any further action on the basis of impugned































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