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february 2002

Supreme Court of India · 2002-02-13

U.P. AVAS EVAM VIKAS PARISHAD vs SH. RAM KRISHNA (DEAD) BY LRS. .

Citation / case number
SC 1986/67324
Court
Supreme Court of India
Petitioner
U.P. AVAS EVAM VIKAS PARISHAD
Respondent
SH. RAM KRISHNA (DEAD) BY LRS. .
Author
S. N. VARIAVA
Bench
G.B. PATTANAIK,S.N. PHUKAN,S.N. VARIAVA

Judgment text excerpt

The Supreme Court addressed the validity of a scheme notified under Section 28 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, which was challenged for lack of prior State Government approval. The Court reaffirmed that while prior approval is necessary for the implementation of the scheme, subsequent approval validates earlier actions taken. The Court held that the absence of approval under Section 16 prior to publication under Section 28 renders the scheme invalid, necessitating referral to a larger bench for further consideration of the legal principles established in U.P. Avas Evam Vikas Parishad & another vs. Friends Coop. Housing Society Ltd. (1995 Supp (3) SCC 456).

U.P. AVAS EVAM VIKAS PARISHAD vs SH. RAM KRISHNA (DEAD) BY LRS. . · Niyam