Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on U.P. Urban Planning and Development Act, 1973

Tuesday, July 06, 2010
U.P. Urban Planning and Development Act, 1973

U.P. Urban Planning and Development Act, 1973 — Section 41(3) — Clause (3) of Section 41 of the U.P. Urban Planning and Development Act, 1973, held, makes it crystal clear that the State Goverment is a revisional authority.

 
U.P. Urban Planning and Development Act, 1973

U.P. Urban Planning and Development Act, 1973 — Section 41 — Held, Clause (1) thereof empowers the State Government to issue general directions which are necessary to properly enforce the provisions of the Act — Clause (3) thereof make it crystal clear that the State Government is a revisional authority — Therefore, the scheme of the Act makes it clear that if a person is aggrieved by an order of the authority, he can prefer an appeal before the Appellate Authority i.e. Divisional Commissioner and the person aggrieved of that order may file Revision Application before the State Government — However, the State Government cannot pass an order without giving opportunity of hearing to the person, who may be adversely affected. 

 
U.P. Urban Planning and Development Act, 1973

U.P. Urban Planning and Development Act, 1973 — Section 41(1) — The High Court, in the present case, erred in holding that Clause (1) of Section 41 empowers the State Government to deal with the application of an individual — The State Government can take only policy decisions as to how the statutory provisions would be enforced but cannot deal with an individual application — Revisional authority can exercise its jurisdiction provided there is an order passed by the lower authority under the Act as it can examine only legality or propriety of the order passed or direction issued by the authority therein.

 
U.P. Urban Planning and Development Act, 1973

U.P. Urban Planning and Development Act, 1973 — Section 41 — State Government cannot entertain the applications of the parties for allotment of land directly and issue directions to GDA for allotment of land in their favour.

 
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