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april 1995

Supreme Court of India · 1995-04-24

U.P. AVAS EVAM VIKAS PARISHAD vs FRIENDS CO-OP. HOUSING SOCIETY

Citation / case number
SC 1994/19349
Court
Supreme Court of India
Petitioner
U.P. AVAS EVAM VIKAS PARISHAD
Respondent
FRIENDS CO-OP. HOUSING SOCIETY
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court addressed the conflict in interpretations of exception (iii) to Section 59(1)(a) of the U.P. Avas Evam Vikas Parishad Adhiniyam, 1965, holding that the approval of the State Government is necessary for the validity of housing schemes. The Court clarified that prior approval is not a pre-condition for further steps under the Act, emphasizing that the material requirement is obtaining the State Government's approval. Consequently, the Court set aside the High Court's decision that invalidated the notifications and declarations due to lack of prior approval, thereby allowing the appeal.

U.P. AVAS EVAM VIKAS PARISHAD vs FRIENDS CO-OP. HOUSING SOCIETY · Niyam