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.