CHETRAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition regarding the Ujariayon Housing Scheme, Part IV challenges sections 2, 3(aa), 17, 17(1) and 17(4) of the U. P. Urban Planning and Development Act, 1973 of being ultra vires the Constitution. The petitioner also prays for the following reliefs:-

(2.) On the hearing of the writ petition, preliminary objection was raised by the Additional Chief Standing Counsel for the State of U. P. Sri Krishna Chandra with regard to the maintainability of the present petition on the ground that the petitioners have not impleaded the Government through the Secretary of the Department/Ministry concerned of the appropriate Governments, and therefore, the petition is liable to be dismissed unless the petitioners make necessary amendment in the petition and implead opposite party nos. 1 and 2, namely, the Union of India and the State of U. P. through the concerned Secretaries.

(3.) The petitioners, in the course of arguments moved an application for amendment, by means of which they impleaded the Principal Secretary, Avas Evam Shahri Niyojan, Anubhag-3, Civil Secretariat, Lucknow as opposite party no. 9 and Special Secretary, Avas Evam Shahri Niyojan, Anubhag-3 Civil Secretariat, Lucknow as opposite party no. 10, which stands allowed. However, with the consent of the parties counsel, we proceed to decide the preliminary question of maintainability of the petition on the ground of non-joinder/mis-joinder of parties by not impleading the appropriate government through its limb.