LAKHAN LAL CHAUHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Sri Kishore Kumar, learned counsel appearing on behalf of Sri M.C. Pant, learned counsel for the appellants, Sri J.C. Pande, learned Brief Holder appearing for the State Government and Sri Sandeep Kothari, learned counsel appearing on behalf of the second respondent. Though his name was printed in the cause list, neither is Sri Aditya Singh, learned counsel for the respondent-writ petitioner, present nor is there any representation on his behalf. Since this appeal relates to the year 2013, and all matters prior to 2014 have been identified for expeditious disposal and are listed every Wednesday and Thursday in the weekly list, we see no reason to defer hearing of this Special Appeal.

(2.) This appeal has been filed, by the then Corporators of the Haridwar Nagar Nigam, seeking leave to prefer an appeal against the order of the learned Single Judge in WPMS No. 2027 of 2013 dated 22.08.2013. The respondent-writ petitioners herein filed WPMS No. 2027 of 2013 seeking a writ of mandamus directing the second respondent (Haridwar Nagar Nigam) to grant freehold rights, of Quarter Nos. 9 and 11 located in Devpura Colony, in favour of petitioner nos. 1 and 2, since the entire amount was already deposited by them within one month; and to issue a writ of mandamus directing the second respondent to expedite the process in getting the name of the petitioners registered as owners of Quarter Nos. 9 and 11, pursuant to G.O. dated 24.06.2000 and 10.05.2000.

(3.) Facts, to the limited extent necessary, are that the Government launched a policy in the year 1955 to construct residential units for persons with lower income, pursuant to which residential quarters were constructed in the year 1958- 1959. Three options were given, in respect of these quarters, to the allottees i.e. (a) for sale at a higher price, (b) for sale on one- time payment, and (c) for sale without any profit on standard rent. The Nagar Palika Parishad, which constructed the quarters, decided to let them out at standard rent. Later, these quarters were declared uneconomical, and a resolution was passed, by the Nagar Nigam Parishad, on 08.10.1993 to sell the quarters situated at Devpura and Vichitra Vatika Colony, Haridwar. Pursuant thereto, the President of the Nagar Palika Parishad, Haridwar wrote to the Secretary of the Nagar Vikas Vibhag, Uttar Pradesh proposing to sell these quarters to the authorized occupants. This proposal was forwarded by the District Magistrate by his letter dated 24.07.2000. The Joint Secretary, Uttar Pradesh Shasan, Lucknow, enclosed a copy of G.O. dated 24.06.2000, along with his covering letter dated 11.10.2000, directing that the matter be complied with in accordance with the G.O. dated 24.06.2000.