The Chairman, New Okhla Industrial Development Authority & Ors. Vs. Zila Panchayat Gautam Budh Nagar & Or
EmailAppeal: Civil Appeal No. 3084 of 2000
(Arising out of SLP (C) No. 15578 of 1999)
(Arising out of SLP (C) No. 15578 of 1999)
Petitioner: The Chairman, New Okhla Industrial Development Authority & Ors.
Respondent: Zila Panchayat Gautam Budh Nagar & Ors.
Apeal: Civil Appeal No. 3084 of 2000
(Arising out of SLP (C) No. 15578 of 1999)
(Arising out of SLP (C) No. 15578 of 1999)
Judges: S. RAJENDRA BABU & S.N. PHUKAN, JJ.
Date of Judgment: Apr 28, 2000
Head Note:
CONSTITUTION
Article 226 with U.P. Kshetriya Samitis and Zila Panchayat Adhi-niyam, 1961 – Section 256 – Stay of an order of District Magis-trate on grounds that reference has been made to State Govt. – Nothing clear as to who made reference of dispute to State Govt. or if the Zila Panchayats were interested or not . Held that order is set aside and remitted for fresh consideration.
(Para 3)
JUDGEMENT:
ORDER
1. Leave granted.
2. In a Writ Petition filed before the High Court while issuing notices to the parties the High Court observed as follows:
“In view of the fact that the matter is under consideration of the State Government under Section 256 of the U.P. Kshetriya Samitis and Zila Panchayat Adhiniyam, 1961 as averred in para 26 of the Writ Petition, it is provided that till further orders of this Court or till the decision taken by the State Government in reference under Section 256 of the Act, whichever is earlier, the impugned order dated 12.5.1999 as contained in Annex No. 8 to the Writ Petition passed by the District Magistrate, Gautam Budh Nagar, shall remain stayed.”
and put off the matter awaiting outcome of orders of Government.
3. The contention put forth before us is that the provisions of Section of 256 of the Act are not attracted to the case at all and, therefore, the matter could not have been postponed in the manner in which the High Court has done it. Prima facie there should have been a finding by the High Court whether the Appell-ants or the Zila Panchayats or the Kshetriya Panchayats are jointly interested in the matter in which the dispute has arisen and that needs to be referred to the Government. It is not clear as at whose instance the dispute has been referred to the Govern-ment and whether the same has been disposed of by the Government now or not. In the circumstances we set aside the order made by the High Court so far as this portion of the order is concerned and remit the matter back to the High Court for fresh considera-tion in accordance with law. However, it is open to the parties to raise all questions including the question relating to refer-ence. The appeal is allowed accordingly.
1. Leave granted.
2. In a Writ Petition filed before the High Court while issuing notices to the parties the High Court observed as follows:
“In view of the fact that the matter is under consideration of the State Government under Section 256 of the U.P. Kshetriya Samitis and Zila Panchayat Adhiniyam, 1961 as averred in para 26 of the Writ Petition, it is provided that till further orders of this Court or till the decision taken by the State Government in reference under Section 256 of the Act, whichever is earlier, the impugned order dated 12.5.1999 as contained in Annex No. 8 to the Writ Petition passed by the District Magistrate, Gautam Budh Nagar, shall remain stayed.”
and put off the matter awaiting outcome of orders of Government.
3. The contention put forth before us is that the provisions of Section of 256 of the Act are not attracted to the case at all and, therefore, the matter could not have been postponed in the manner in which the High Court has done it. Prima facie there should have been a finding by the High Court whether the Appell-ants or the Zila Panchayats or the Kshetriya Panchayats are jointly interested in the matter in which the dispute has arisen and that needs to be referred to the Government. It is not clear as at whose instance the dispute has been referred to the Govern-ment and whether the same has been disposed of by the Government now or not. In the circumstances we set aside the order made by the High Court so far as this portion of the order is concerned and remit the matter back to the High Court for fresh considera-tion in accordance with law. However, it is open to the parties to raise all questions including the question relating to refer-ence. The appeal is allowed accordingly.
