DEEPAK GULATI AND OTHER Vs. ALLAHABAD DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The Allahababad Development Authority (hereinafter referred to as the A.D.A.) constituted under U.P. Urban Planning and Development Act, 1973, invited applications for the allotment of a limited number of flats to persons failing in the mid lie income group. The petitioners and others made applications for the allotment of one flat each to them. The A.D.A. chose the method of selection by the process of draw of lots. A date for the drawing of lots was fixed. The petitioners learnt that the A.D.A. had decided to exclude them from the contest on the ground that they did not fall in the category of the middle income group. Before the lots could be drawn, the petitioners sought the protection of this Court by means of the instant writ petition.

(2.) The erstwhile Allahabad Improvement Trust, purporting to exercise powers under the Town Improvement Trust Act, 1919, framed a scheme known as the 'Hastings Road Housing Scheme' and published the same for general Petitioners information and for objections thereto. This scheme ran through all the formalities as required by the provisions of the said Act. The final notification as envisaged by Sec. 42 of the said Act was also issued. Sub-section (2) of Sec. 42 provided that the publication of a notification under Sub-section (1) in respect of and Scheme shall be conclusive evidence that the Scheme had been duly framed and Sanctioned. Thereafter, the Improvement Trust launched acquisition proceedings for the implementation of the Scheme. This was done in accordance with the provisions of the said Act. These proceedings culminated in a final notification and the land so acquired vested in the Improvement Trust. In 1959, the Uttar Pradesh Nagar Mahapalika Adhiniyam was enacted and enforced. Later on, the city of Allahabad was constituted into a Mahapalika by means of a notification published in the official Gazette. The said Adhiniyam provided for the repeal of certain enactments operating in the State of Uttar Pradesh including the U.P. Town Improvement Act, 1919, in so far as these enactments were applicable to any area included in the city which was converted into a Mahapalika and thus the provisions of the U.P. Town Improvement Act ceased to have application to the city of Allahabad. The Adhiniyam of 1959 also provided for vesting of all the properties and land etc. which vested in the erstwhile Improvement Trust. It further provided that any notice or notification or sanction of any improvement Scheme for the area included in the city (Mahapalika) issued under the U.P. Town Improvement Act, 1919 or the Cawnporc Urban Area Development Act, 1945, shall be deemed to have been issued under this Act and all further proceedings in furtherance of such scheme may be taken accordingly.

(3.) Certain conditions of allotment of flats were laid down by the Nagar Mahapalika some time in the year 1970. The parties are at variance on the question as to whether the flat in questions were constructed by the Nagar Mahapalika. For the purposes of the instant writ petition, it is not necessary to resolve this dispute. Some time in 1973, the U.P. Urban Planning and Development Ordinance was promulgated. This Ordinance was replaced by the U.P. Urban Planning and Development Act, 1973. Under Sec. 3 of this Act of 1973, a notification was issued. The area falling within the limits of the Nagar Mahapalika, Allahabad, was declared to be a 'development area'. Thereafter the A.D.A. was constituted. Sec. 59 of the Act of 1973 provides for repeal and Savings and in particular Sub-section (6) thereof provides that anything or any action taken (including any notification issued or order of Scheme made or permission granted) under the U.P. Nagar Mahapalika Adhiniyam, 1959, shall, so far as it is not inconsistent with the provisions of the Act of 1973 continue in force and be deemed to have been done or taken under the provisions of the said Act of 1973 unless and until it is superseded by anything done or any action taken under the provisions of the Act of 1973. It is not disputed that the A.D.A. new, is the competent authority for executing the 'Hastings Road Housing Scheme'.