Court : Allahabad
Decided on : May-21-1992
Reported in : AIR1994All38
..... but the same could not be paid to the petitioner as the lucknow development authority had not deposited the necessary funds. the state and the land acquisition officer, as already held hereinabove, cannot deny payment of compensation on the ground of failure of the lucknow development authority to make available the necessary ..... therefore, fulfils a constitutional obligation. in the absence of a provision in the act for taking over possession of the notified or the acquired land the acquisition would have been futile. therefore, the act provides for interference with possession and taking over possession of the notified or acquired land. acquiring land without payment ..... he shall at once refer the dispute to the decision of the collector...... and suchdecision shall be final.'21. section 5a provides for filing of objection against acquisition and its hearing and disposal. right to file objections conferred on 'person interested' as defined in sub-sec. (3). sub-section (1) prescribes period .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-13-1992
Reported in : AIR1993All57; (1992)1UPLBEC746
ORDEROm Prakash, J.1. This writ petition is an apt example as to how the statutory object to secure preservation of environment and development of the residential colonies shown in the master plan, sought 19 be achieved by the State of Uttar Pradesh under the U.P. Urban Planning and Development Act, 1973 ('the Act' briefly) is defeated by the authorities, who lack dynamism, aestheticism and enthusiasm for development, though assigned the developmental duties.2. The Act, as the preamble shows, was enacted to provide for the development of certain areas of Uttar Pradesh according to plan and for matters ancillary thereto. The growth in Uttar Pradesh before this enactment was quite haphazard and, therefore, the Government felt that in the developing areas of the State of Uttar Pradesh the problems of town planning and urban development need to be tackled resolutely. As existing local bodies and other authorities in spite of their best efforts were inadequate to cope with these problems to...
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