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january 1989

Supreme Court of India · 1989-01-17

STATE OF U.P. & ORS. vs MAHARAJA DHARMANDER PRASAD SINGH ETC.

Citation / case number
SC 1989/72469
Court
Supreme Court of India
Petitioner
STATE OF U.P. & ORS.
Respondent
MAHARAJA DHARMANDER PRASAD SINGH ETC.
Author
M.N. VENKATACHALLIAH
Bench
M.N. VENKATACHALLIAH

Judgment text excerpt

The Supreme Court examined the Uttar Pradesh Urban Planning and Development Act, 1973, particularly Sections 14, 15, 37, and 41, regarding the cancellation of development permissions. The Court held that the Vice-Chairman has the authority to grant or refuse permission for development, and the State Government can issue directions under Section 41(1). The Court affirmed the High Court's decision to quash the State Government's directions that halted construction, emphasizing the need for proper procedure in lease cancellation and the prohibition of forcible dispossession under the Transfer of Property Act, 1882, Sections 108, 111, and 114A.

STATE OF U.P. & ORS. vs MAHARAJA DHARMANDER PRASAD SINGH ETC. · Niyam