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2020 Supreme(UK) 501

SHARAD KUMAR SHARMA
Ishwar Dayal Kansal – Appellant
Versus
Haridwar Development Authority – Respondent


Advocates Appeared:
For the Appellant : Arvind Vashistha, SA
For the Respondents: Shailendra Singh Chauhan

ORDER :

Sharad Kumar Sharma, J.

1. A very peculiar, but a very interesting question which arises for consideration in the present writ petition, is with regard to the following wider issues:-

    (i) That, what would be the impact carried, of an amendment made, in The Uttarakhand Urban And Country Planning and Development Act, 1973, viz-a-viz its implication, on a Civil Proceedings, which ultimately culminated, to a decree which stands adjudicated by a regular civil proceedings by way of a competent Civil Court; prior to the amendment being carried in the Act of 1973, by insertion of Section 37 A, vide Amendment Act No. 30.

(ii) That, as to what would be the effect of the amendment made in the Act of 1973 w.e.f. 05.04.2013, viz.-a-viz., its comparative scrutiny and effect on a decision on Issue No. 11, which already stood decided by the learned trial court qua the parties to the Suit, pertaining to the applicability of the Act of 1973, holding thereof that the subject-matter in question, which was considered and settled by the learned Trial Court, was outside the preview of the Act of 1973.

(iii) That as to whether the insertion made in the Act, by the Amending Act No. 30, would have a ret

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