SHIVALIK SAHKARI AVAS SAMITI Vs. STATE OF UP

JUDGEMENT

(1.) This is a second writ petition by which the Petitioner has questioned the applicability of the Government order dated 22.10.2002 contained in Annexure 8 to the writ petition which has been issued under Section 41 of the U.P. Urban Planning and Development Act.

(2.) In the first writ petition, a Division Bench of this Court refrained itself to decide the question and remitted the matter to the State Government to take a decision as to whether the aforesaid Government order is applicable to New Okhla Industrial Development Authority or not though the Division bench had noticed the relevant provision of the U.P. Urban Planning and Development Act as well as Section 12 of the U.P. Industrial Area Development Act.

(3.) Section 41 of the U.P. Urban Planning and Development Act is reproduced as follows: