STATE OF UTTAR PRADESH LUCKNOW DEVELOPMENT AUTHORITY Vs. MAHARAJA DHARMANDER PRASAD SINGH:MAHARANI RAJLAXMI KUMARI DEVI

JUDGEMENT

(1.) Special Leave Petitions (Civil) 4761 and 4762 of 1985 are by the State of Uttar Pradesh and its officers and SLPs 13298 and 11498 of 1987 by the Lucknow Development Authority, (LDA for short) a statutory body constituted under S. 4(1) of the Uttar Pradesh Urban Planning and Development Act, 1973 (Act for short) and its Authorities seeking special leave to appeal from the common judgment dated 8-12-1986 of the High Court of Judicature, Allahabad, in Writ Petitions Nos. 6819 of 1985 and 367 of 1986 which were heard and decided along with three other writ petitions i.e. WPs 5521 and 5699 of 1985 and 3463 of 1986.

(2.) The Writ Petitions before the High Court were preferred by the respondent lessees Sri D.P. Singh and his mother Smt. Raj Lakshmi Devi, the heirs of Maharaja Pateshwari Prasad Singh in respect of Nazool land in Plot No. 10, Ashok Marg, Hasratganj, Lucknow, under deed dated 7-10-1961 commencing from 15-11-1961 and stated to expire on 31-3-1991. The proceedings arose out of two matters. The first pertained to the legality of the Notice dated 19-11-1985 issued by the State Government in cancelling the lease. The cancellation was challenged in two writ-petitions filed separately by Sri D. P. Singh and Smt. Raj Lakshmi Devi in W.P. 6819 of 1985 and W.P. 367 of 1986 respectively. The High Court by its common order dated 8-12-1986 allowing the said two writ-petitions quashed the said cancellation. In SLPs 4761 and 4762 of 1987 and in SLPs 13298 and 11498 of 1987 the Lucknow Development Authority have assailed this part of the common order.

(3.) Special leave is granted in all the petitions. We have heard Sri B. B. Thakur, learned Senior Counsel for the LDA and its authorities; Sri Yogeshwar Prasad, learned senior counsel for the State of Uttar Pradesh and its officers and Sri Soli, J. Sorabjee for the respondent-lessees.