KHADIM HUSSAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant before us, by grant of special leave to appeal against the judgment of a Division Bench of the Allahabad High Court, challenges the validity of a Housing Scheme, first notified on 13th March, 1965, under Section 36 of the U. P. Town Improvement Act No. VIII of 1919 (hereinafter referred to as 'the Act'), and then finally sanctioned, under Section 32(1) of the U.P. Avas Evam Vikas Parishad Adhiniyam U.P. Act I of 1966 (hereinafter referred to as 'the Adhiniyam') and published on 3rd May, 1969 in the U.P. Gazette.

(2.) Learned counsel for the petitioner has invited our attention to the five objections put forward and rejected by the Division Bench to the acquisition for purposes of the scheme. Out of these, he has abdoned two. He confines his objections to three which are as follows :

(3.) Firstly, as the notification under Section 8 of the Act of 1919, indicatng the commencement of the term of the office of the 1st Trustees took place only on 21st February, 1966, after the Act of 1919 had been repealed, the Trustees, who had been appointed by a notification dated 21st March, 1963, under Section 4 of the Act of 1919, could not have framed any scheme because the Trust itself was never properly constituted.