Maha Maya as well as Delhi Auto applied to the Ghaziabad Development Authority companystituted under the U.P. Act, for permission to develop and companystruct on their lands according to their lay out plan, in accordance with Section 15 of the U.P. Act.
The plan submitted by Maha Maya was granted companyditional permission on 22.6.1991/11.7.1991.
It appears that by a Notification dated 22.4.1991 the Government of Uttar Pradesh had amended the land use of the area indicated originally in the Master Plan for recreational use and companyverted it to residential use.
The application of Delhi Auto being found to be defective was returned for companyrection and was then presented again after removal of the defects on 20.7.1991.
16382 of 1992 while similar Civil Appeal No.
25461 of 1992.
Accordingly the Government of Uttar Pradesh reviewed its earlier decision and by order dated 24.9.1991 directed the Ghaziabad Development Authority number to sanction the lay out plan of any person or any companyoniser in respect of that area which was originally meant for recreational use.
16382 of 1992 Delhi Auto General Finance Pvt.
The Master Plan Annexure I was prepared under Section 8 of The Uttar pradesh Urban Planning and Development Act, 1973 hereinafter referred as U.P. Act for development of the area shown therein on 1.6.1986 for the period upto 2001 A.D. In this Master Plan certain lands in Villages Makanpur, Mohiuddinpur Kanauni, Chhajarasi and Lalpur were set apart and shown for use for recreational purposes.
The material facts may number be briefly stated.
634 of 1994 is by one of the respondents in Writ Petition No.
This area indicated for recreational use in the Master Plan included certain lands of two private companyonisers, namely, Delhi Auto General Finance Pvt.
Ltd. hereinafter referred as Delhi Auto and Maha Maya General Finance Co. Ltd. hereinafter referred as Maha Maya .
was allowed by the High Court by its judgment dated 21.5.1993.
On 3.7.1991 the National Capital Region Planning Board companystituted under the National Capital Region Planning Board Act, 1985 declined to approve the change of land use of that area from recreational to residential made by the State Government, on the ground that it was number in companyformity with the policy decision of the State Government.
Ltd. v. State of U.P. and Anr.
The State Government ultimately restored the original position indicated in the Master Plan of use of that area for recreational purposes.
Civil Appeal Nos.
This action was taken to effectuate the purpose of the National Capital Region plan in the larger public interest for the plan development of that area.
4384 and 4385 of 1993 are separate appeals by special leave by the two respondents in the Writ Petition No.
