Court : Allahabad
Reported in : AIR1990All113
..... supreme court in the central inland water transport corporation ltd., and that with which we are concerned. indeed the decisions of the supreme court in the case of bareilly development authority (air 1989 sc 1076) (supra) and s. chandra shekharan (air 1974 sc 1543) (supra) are more apposite. the latter, in our opinion, completely concludes ..... constitution, while determining price of the houses/flats constructed by it and the rate of monthly instalments to be paid, the 'authority' or its agent after entering into the field of ordinary contract acts purely in its executive capacity. thereafter the relations are no longer governed by the constitutional provisions but by the legally valid ..... policy decision so as to ensure a more equitable and fair distribution of essential commodities through government fair price shops have no legal right to continue to act as agents of the government so as to be able to claim reliefs either under art. 32 or 226 of the constitution.the preponderating view of .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1976All371
..... the 30th november, 1974, the tribunal gave its decision. in the meanwhile under the provisions of the u. p. urban planning and development act, 1973 a development authority was created for allahabad on the 19th august, 1974 and the schemes which were pending with the nagar mahapalika were taken over by the ..... development authority. with the constitution of the allahabad development authority the provisions of chapter xiv of the adhiniyam stood suspended as contained in section 59, of the development act but it made clear that 'all proceedings relating to acquisition of land and interest ..... of sub-section (13) of section 59 of the development act wherein clause (a) of section 59 (1) had not been assigned to be the function of the development authority, which indicated that notwithstanding the repeal of chapter xiv of the adhiniyam by the development act for the purposes of appeal the adhiniyam would be deemed to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1984All234
..... by section 69 (d) of the adhiniyam and any subsequent change in the provisions of the act could not be availed of by the development authority. accordingly the powers conferred by sections 127-a and 135 of the respective acts which were subsequently inserted were not available to the development authority. while dealing with the legal implication and the provisions contained in section 69 (d) of ..... legislative intendment was not to incorporate the provisions contained in the m. p. municipal corporation act and m. p. municipalities act, in the adhiniyam but section 69 merely made a reference to the powers conferred by earlier act and intended that similar powers were exercised by the development authority as well. nothing contained in this judgment runs counter to the conclusion to which we have .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3270
..... offices in various districts of the state of u.p. (called 'parishad') as well as development authorities constituted under urban regulation of building operation act (called authority).3. there is no dispute either in the schemes floated by parishad or the authority that land in question belong to said parishad/authority. applications were invited from the persons desiring to have allotment and finally to purchase residential ..... bench in the case of vrinda gujarati (supra) without referring to the relevant provisions of the stamp act, transfer of property act and also that aforesaid question was neither required to be decided in that case (which was mainly with regard to the competence of the development authority to revise and enhance cost of flat/ structure) is per incuriam and it has no binding .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All477
..... including the decisions of the supreme court has developed on the point and the consideration that interference by the high court 'will be subversive of all discipline in the schools and colleges' cannot justify ignoring the statutory provisions and seeing to it that the university and the school authorities act within the limits of their power. besides ..... in the first instance in each case and no circumstances alone will be determinative of the question. the inference whether an authority acting under a statute, where it is silent, has a duly to act judicially will depend upon the express provisions of the statute read along with the nature of the rights affected, the ..... and no one circumstance alone will be determinative of the question whether the authority set up by the statute has the duty to act judicially or not. the inference, whether the authority acting under a statute where it is silent has the duty to act judicially will depend on the express provisions of the statute read along .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1988All289
..... not left free for the use of the petitioner. it had already been acquired by the state under the ceiling act. the state could transfer that land to the development authority, which it did consequently, the development authority could use that land for any of the objects and purposes according to the master plan. it must be remembered ..... 9. the dispute in this case centres round the question whether possession of the land notified under sections 4 and 6 of the act has been actually taken by the allahabad development authority, whether due notices were given and served on the petitioner and whether there was compliance with the requirements of law in the acquisition ..... the matter, there remained nothing with the petitioner of the plots originally notified under sections 4 and 6 of the act. all that had been acquired by the state had been transferred to the development authority. in regard to compensation, however, there was a slight change. for the vast area that had been acquired under .....
Tag this Judgment!Court : Allahabad
Reported in : [2001(90)FLR910]; 2002LabIC265; (2001)3UPLBEC2428
..... counsel appearing for the petitioner that the charge against the petitioner is that he failed to take effective steps in arresting unauthorised constructions in residential scheme of allahabad development authority in jhusi and was remiss in discharge of his duty but mere failure on the part of the petitioner to take effective steps in preventing the unauthorised ..... to take any effective preventive measures. such a charge, in the context, was construed as an error in judgment in evaluating developing situation and since the allegations on various charges did not specify any act or omission in dereliction of duty or contrary to conduct, rule or any general rule prescribed within the 'duty', it was ..... k. k. dhavan, jt 1993 (1) sc 236, as well as in j. ahmad (supra). a government servant, therefore, can be subjected to disciplinary action for his act or omission which reflects his 'good faith' and 'devotion to duty' or which shows 'recklessness' in discharge of his duty. rule 3 (1) of the u. p. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(3)AWC2049; (1999)2UPLBEC1452
..... provisions of the law. the allahabad development authority. allahabad, did not have confidence under the law that the acquisition proceedings could be carried out under the ..... on record that the section 4 notification under the act is dated 12th november. 1987. there is no issue on' record that the notification under section 6 is dated 28th november. 1987. before the process, as prescribed and sanctioned by law. under the act. could be completed, as the law so enjoins, the allahabad development authority. was apparently, in a rush to defeat the .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1337; (2000)2UPLBEC1097
..... 3.1986 is annexure-2 and copy of the representation dated 24.11.1987 is annexure-3. his case was also recommended by the vice-chairman of the development authority by letter dated 11.3.1986 vide annexure-4, and a copy of the telex message dated 1 1.6.1986 is annexure-6. the petitioner has brought ..... j.1. this writ petition has been filed with a prayer for a mandamus directing the respondents to promote the petitioner as executive engineer in the service of varanasi development authority w.e.f. from the date his juniors were promoted, i.e.. 18.3.1994 along with consequential benefits including arrears and seniority. it has been further prayed ..... at that time the vice chairman of the developmentauthority was the appointing authority. subsequently by u. p. act no. 21 of 1985 which was enforced on 22.10.1984 sections 5a was added in u. p. urban planning and development act, 1973. according to the provisions of the said act. a person serving on the post included in the centralised service immediately .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC2234
..... for the purpose of providing access to justice to large masses of people. in that decision, the apex court further dealt with those cases where the state or public authority acted in violation of constitutional or statutory obligation resulting an injury to public interest and had given answer in following words :but there may be cases where the state or ..... the limits of its power and carry out the duty imposed upon it by the constitution or the law. if the state or any public authority acts beyond the scope of its power and thereby causes a specific legal injury to a person or to a determinate class or group of persons, it would be ..... view to develop the area surrounded by it. the location of headquarters by the government by the issue of the final notification under sub-section (5) of section 3 of the act was on a consideration by the cabinet sub-committee of the proposals submitted by the collectors concerned and the objections and suggestions received from the local authorities like the .....
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