SHAKIRA KHATOON KAZMI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution has been filed for quashing of the Government Order dated 15-12-2000, notice dated 11-1-2001 and the order 24-8-2001 passed by the District Magistrate, Allahabad, Parties have exchanged affidavits and, therefore, the writ petition is being disposed of finally at the admission stage.

(2.) The dispute relates to plot No. 59, Civil Station, Allahabad having an area of 1 acre and 4272 sq. yards (9112 sq. yards or 7618 sq. metres). A lease of the aforesaid plot was granted in favour of Thomas Crowby for a period of 50 years on 11-1-1868 by the Secretary of State for India in Council and it was signed by the Commissioner of Allahabad Division. A fresh lease was executed in favour of his successors for a period of 50 years on 12-4-1923 which was to operate from 1-1-1918. With the permission of the Collector, Allahabad, the successors of the lessee transferred their leasehold rights in favour of Purshottam Das in the year 1945. Thereafter, on 31-10-1958. the legal representatives of Purshottam Das transferred the leasehold rights in favour of petitioner No. 1 Smt. Shakira Khatoon Kazmi, respondent No. 3 Smt. Sabira Khatoon Kazmi and their mother Smt. Maimoona Khatoon Kazmi, Petitioners No. 2, 3 and respondents Nos. 4 to 6 in the writ petition are heirs of late Smt. Maimoona Khatoon Kazmi. The lease, which had been granted on 12-4-1923, expired on 31-12-1967 but the same was not renewed for a long period. Subsequently, a fresh lease deed was executed on behalf of Governor of Uttar Pradesh in favour of the petitioners and respondents No. 3 to 6 on 19-3-1996 for a period of 30 years which was to operate with effect from 1-1-1968. This deed contained a clause that the lease deed may be renewed for two successive terms of 30 years each but the total period shall not exceed 90 years including the original term. The period of this deed expired on 31-12-1997 and on 17-7-1998 it was again renewed for a further period of 30 years with effect from 1-1-1998. The State Government passed an order on 15-12-2000 for cancelling the lease and resuming the possession of the plot in question. The District Magistrate, Allahabad, thereafter gave a notice dated 11-1-2001 to the petitioners and respondents No. 3 to 5 (hereinafter referred to as the lessees) intimating them that the State Government had passed an order on 15-12-2000 cancelling the lease and resuming possession of the plot in question as the same was required for a public purpose. The notice further mentioned that the lessees should remove the structure standing on the plot failing which possession will be taken in accordance with the Clause 3 (c) of the lease deed. The lessees filed an objection against the notice before the District Magistrate on 2-2-2001. They further claim to have sent an objection to the Chief Minister of Uttar Pradesh on 31-1-2001 praying for revocation of the order of the State Government dated 15-12-2000. The District Magistrate considered the objection and rejected the same by his order dated 24-8-2001. A copy of the aforesaid order along with cheques representing the compensation for the building standing over the plot (cheques for total amount of Rs. 10 lakhs) were served upon the lessees. The respondents No. 1 and 2 tried to dispossess the lessee on 1-9-2001 and their stand is that possession of open land was taken. It was at this stage that the present writ petition was filed and a stay order was passed on 2-9-2001 staying the dispossession of the petitioners.

(3.) The first question which requires consideration is whether the order passed by the State Government on 15-12-2000 for cancellation of the lease and resumption of possession is legally valid. There is a clear recital in the lease deed executed in favour of the lessees by the Governor of Uttar Pradesh on 19-3-1996 that the same is being done under the Government Grants Act, 1895. Clause 3(c) of the deed reads as follows :