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1985 Supreme(All) 715

V. K. MEHROTRA
Swami Nagar Nagrik Parishad, Agra – Appellant
Versus
State of U. P – Respondent


Advocates appeared:
Sri Swami Dayal, Rajesh Tandon and R.J.D. Misra, Advocates, for the Petitioners; Standing Counsel, for the Respondents

ORDER

V.K. Mehrotra, J. - Swami Nagar is a mohalla in Dayalbagh which is a religious colony in district Agra. Dayalbagh is a Town area. Regulated Area Dayal Bagh was constituted for Dayalbagh under S. 3 of the U.P. (Regulation of Building Operations) Act, 1958 (for convenience, the Act) and a Master plan is said to have been proposed for the Regulated Area Dayalbagh. Swami Nagar Nagrik Parishad (briefly, the Parishad) is said to be a welfare- unit for looking after the welfare of the residents of Swami Nagar. There is a registered Society known as Allora Sahkari Avas Samiti Limited (hereafter, the Samiti) which is said to be a housing society. On Aug. 9, 1983 it submitted a plan for sanction to the Prescribed Authority, Dayalbagh Regulated Area with a view to develop certain plots as a Housing colony.

2. The Samiti submitted the layout plan, last amended on Oct. 6, 1982, under S. 7 of the Act to Prescribed Authority which did not pass any order under S. 7(3) granting permission or communicated any objection to the Samiti. On Jan. 12, 1983, a written notice was given by the Samiti to the Prescribed Authority under S. 7(4). The notice was served but the Prescribed Authority did not pa

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