PRITHVI NATH KAPOOR Vs. STATE OF U P

JUDGEMENT

(1.) This bunch of writ petitions challenges the validity of the notification dated 28th April, 1979, issued under Section 4 (1) of the Land Acquisition Act, published in the U. P. Gazette dated 9th June, 1979, and the notification dated 26th May, 1981, published in the official gazette dated June 19, 1981 issued under Section 6 of the Land Acquisition Act. By these notifications the lands of some villages situate within the jurisdiction of the Nagar Mahapalika Allahabad are being acquired for establishment of Avas Colony under a Planned Development Scheme.

(2.) Some of the petitioners challenging the aforesaid notification have been decided by a separate judgment. Some arguments which have not been dealt with in that judgment are being decided in this judgment.

(3.) The submission first made by the petitioners learned counsel was that as the acquisition of the land is for the Allahabad Development Authority, the mandatory provisions contained in U. P. Urban Planning and Development Act, 1973 (Act 2 of 1973) were required to be followed and as the Master and Zonal Plans have not been prepared in accordance with the provisions of this Act, the notifications issued for acquiring lands for Allahabad Development Authority, which has been created under the said Act, were invalid. We find no merit in this submission. Before the enforcement of Act 2 of 1973 there was another Act in U. P. which provided for the regulation of building operations with a view to prevent haphazard development of urban and rural areas. This was U, P. Regulation of Building Operations Act, 1958 (Act 34 of 1958). Under this Act, the State Government had issued directions laying down the wholesome scheme required to be followed for making a plan under Sub-clause (f) of Direction 1 of the aforesaid Directions the expression 'Master Plan' has been defined as plan of the regulated area prepared under Directions 10A of these Directions. Direction 10A provides that if in the opinion of the State Government any regulated area is required to be developed according to the Master Plan it may cause such a plan to be prepared. Sub-clause (2) of Clause 1 lays down the details which are required to be provided for in the Master Plan. After the Master Plan has been prepared, the same is required to be submitted to the State Government for approval. Sub-clause (7) reads as under : "The State Government may either approve the Master Plan without modification or with such modification as it may consider necessary or reject the plan....."