MORADABAD DEVELOPMENT AUTHORITY Vs. SAURABH JAIN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court allowing the Writ Petition (CMWP No.30433/2002) filed by respondents 1, 2 and 3.

(2.) Challenge in the writ petition was to the order passed by the State Government dated 23.11.2001 Annexure-6 to the writ petition and orders dated 11.12.2001 and 15.4.2002 Annexures 7 and 8 respectively passed by the appellant- Moradabad Development Authority. The writ petitioners had also prayed for a mandamus to direct the respondents in the writ petition to forthwith return to the writ petitioners possession of the land measuring 8116.65 sq. mtrs. of plot No.454 situated in village Harthala Mustahkam Tehsil, District Moradabad.

(3.) Background facts as highlighted in the writ petition were that the proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 (in short the 'Act') were initiated and in the connected proceedings the land in question was declared to be surplus land by the competent authority, Moradabad by order dated 29.8.1977. A Revision was filed against the said order and the State Government in exercise of power under Section 34 of the Act by order dated 9.7.1998 held that the land in dispute was agricultural land and was thus outside the purview of the Act. Hence, land was directed to be released in favour of the land holders. The matter was referred to the State Government. Restoration of possession was demanded since the appellant authority had taken possession of the land in dispute and had developed a residential colony. The State Government had detailed deliberation with the appellant authority which informed that it had developed a residential colony called Ram Ganga Vihar Colony and had allotted the flats and houses to the allottees. The appellant authority sent proposal for acquisition of the land but it was not acceptable to the Government. However, the appellant authority proposed to return 3605 sq.mts. of land which had not still been transferred. By order dated 23.11.2001 the State Government directed the appellant authority to return the land in question. However, it directed that the development charges and cost of construction over the area were to be charged from the writ petitioners. But the State Government did not give any direction regarding the balance 4511 sq. mtrs. out of the total land.