ARUNA KHAUNA Vs. STATE OF U P

JUDGEMENT

(1.) IN the case of Rudra Prasad Bajpayee v. Commissioner of Allahabad Division, 1988 UP LB and EC 178 this court has held that though section 3 of the U. P. Slum areas (Improvement and Clearance) Act, 1962 does not expressly require giving of notice to the persons likely to be affected by the proposed action under the said Act, the principles of natural justice require that an opportunity of being heard should be given before the issue of notification declaring a particular area as slum area. It was, however, clarified that the notice need not be given individually to the persons or inhabitants of the area concerned. A general notice, it was observed, would suffice.

(2.) THE petitioner relies on the above pronouncement and contends that no notice of any short was issued or served on the petitioner, either whether individually or generally. THEse averments have been made in paragraphs 7 and 12 of the writ petition

(3.) THE above notice, for whatever it is worth, is of no avail to the respondents inasmuch as the same was given after the publication of the notification THE requirement on the other hand, as ruled by this Court is that the notification should be given prior to the issue of the declaration under section 3 of the Act.