U P AVAS EVAM VIKAS PARISHAD Vs. KANAK

JUDGEMENT

(1.) THIS appeal has been filed under Section 381 of the Nagar Mahapalika Act. A preliminary objection on behalf of the respondents regarding maintainability of the appeal has been raised.

(2.) LEARNED counsel for both the parties were heard at length and the record of the case was also perused.

(3.) THE appellant herein has also contended that the provisions of subsection (3) of Section 381 of the Nagar Mahapalika Adhiniyam, are not applicable to the instent appeal, in as much as, the provisions of Chapter XIV of the Nagar Mahapalika Adhiniyam, which contains the said provision also, stand suspended by the provisions of Section 59 (1) (a) of the U P. Urban Planning and Development Act, 1973 (for short as the 'Planning Act"), and therefore, the respondents cannot press into service sub-section (3) of Section 381 for dismissal of the instant appeal.