CHINTAMANI GHOSH Vs. STATE OF UP

JUDGEMENT

(1.) The petitioner has come up in this writ petition questioning the correctness of the order dated 7.7.2010 passed by the District Magistrate whereby the representation of the petitioner in relation to the action taken by the respondents for resuming the land for public purpose invoking the clauses in the lease deed has been rejected holding that it is not possible to accept the request of the petitioner to grant freehold rights over the said land as the same has been handed over to the Development Authority for the purpose of public parking in the area of Civil Lines, Allahabad.

(2.) The request of the petitioner was earlier brought to this Court in writ petition No. 35269 of 2009 where it was alleged that petitioner had nominated M/s Madhu Colonisers for the disputed land and authorised to get the freehold land. M/s Madhu Colonisers also joined the petitioner by filing Writ Petition No. 31153 of 2009 and both the writ petitions were finally allowed with a direction to the District Magistrate to reconsider the application of Mssrs Madhu Coloniser afresh for conversion of lease rights into freehold rights on the nomination of the lessee in accordance with law without being influenced by the directions issued by the High Court on 8.5.2006 in Writ Petition No. 2547 of 2005.

(3.) The petitioner as well as M/s Madhu Colonisers were put to notice and District Magistrate has thereafter proceeded to pass the order on 7.7.2010 holding that the land is required for the public purpose of multi-storied parking and keeping in view the aforesaid necessity it has been decided to resume that part of the land and the area as referred to therein.