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Issues involved: Conflict of decisions on interpretation of exception (iii) to s.59(1)(a) of the U.P. Avas Evam Vikas Parishad Adhiniya 1965.
Judgment Summary: The Supreme Court resolved a conflict of decisions by the High Court of Allahabad regarding exception (iii) to s.59(1)(a) of the U.P. Avas Evam Vikas Parishad Adhiniya 1965. The case involved a declaration published in 1977, a notification under s.28 in 1982, and subsequent approval by the Government. The respondents filed a writ petition challenging the validity of the notification and declaration due to lack of prior approval under exception (iii) to s.59(1)(a). The Division Bench allowed the writ petition based on a previous ruling, leading to the appeal before the Supreme Court. The relevant part of s.59(1)(a) specifies three categories of housing or improvement schemes exempt from suspension under the Adhiniyam, including schemes initiated after the declaration under s.3 with the approval of the State Government. The key question was whether prior approval was necessary or if approval subsequent to notification or declaration sufficed. The Court emphasized that obtaining approval of the State Government was crucial to prevent excessive land acquisition for schemes. Referring to previous legal interpretations, the Court highlighted the distinction between "approval" and "permission" in different contexts. The approval required under exception (iii) of s.59(1)(a) aimed to enable the Parishad to proceed with scheme implementation. Once approval was granted, previous actions taken in anticipation of approval were validated. Considering the fundamental right to shelter and the need for construction sites for society members, the Court concluded that interference under Art.136 was not warranted. While emphasizing compliance with layout and building rules, the Court upheld the right to approach authorities for permission in accordance with the law. In conclusion, the Court dismissed the appeal, declaring the law accordingly based on the interpretation of exception (iii) to s.59(1)(a) and the fundamental right to shelter.
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