RAJENDRA TYAGI Vs. STATE OF U P

JUDGEMENT

(1.) This public interest litigation has been filed by the petitioner claiming himself to be a public spirited citizen and also elected Nigam Parshad and Member of the Ghaziabad Development Authority Board.

(2.) The case of the petitioner as of now is that Village Dunda Hera, Pargana Loni, Tehsil and District Ghaziabad (in short called as the "village in question") is situated on National Highway No. 24, which connects New Delhi to Lucknow. The distance of village in question from New Delhi is about 20 Kms. The land in the village in question is having present market rate of Rs.20,000/- per square meter and above. The respondent no. 7, which is a real estate company, has itself purchased the land in the village in question in the year 2009 and paid stamp duty @ Rs.12,000/- per square meter under various sale-deeds. On 11th August, 1954 the State Government issued a notification, whereby the land in the village in question was vested in the then Ghaziabad Nagar Palika, now Ghaziabad Nagar Nigam, upon abolition of zamindari by virtue of Section 117(1) of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 (in short "Act, 1950"). On 29th January, 1972 a notification was issued under the Uttar Pradesh (Regulation of Building Operations) Act, 1958 (in short "Act, 1958") notifying the land in the village in question as regulated area under said Act. On 09th March, 1977 a notification was issued under the Uttar Pradesh Urban Planning and Development Act, 1973 (in short "Act, 1973") notifying the land in the village in question as a development area of the Ghaziabad Development Authority (in short "GDA"). On 07th May, 1981 the State Government issued a Government order delegating the power under Section 117 of the Act, 1950 to the respective Collectors and Commissioners. Thereafter, on 21st February, 1994 a notification was issued under Section 2 (d) of the Uttar Pradesh Industrial Area Development Act, 1976 (in short "Act, 1976") notifying the land in the village in question as an industrial area and thereby the said land was automatically excluded from the development area of the GDA by virtue of operation of Section 17 of the Act, 1976. Subsequently, another notification was issued on 07th May, 1999 de-notifying the land in the village in question under the Act, 1976. On 26th December, 2006 the respondent no. 7 submitted a proposal before the GDA for acquisition of 91 acres of land in the village in question and for resumption of 52.10 acres land belonging to Ghaziabad Nagar Nigam. On 02nd March, 2007 the District Magistrate, Ghaziabad wrote a letter to the Commissioner, Meerut Division, Meerut specifically mentioning that the resumption is being done for the respondent no. 7 and the market rate of the land is Rs.4800/- per square meter. A letter was also sent by the respondent no. 7 to the Commissioner, Meerut Division, Meerut on 13th March, 2007 for reconsideration of the rate for resumption of the land. Upon such request of the respondent no.7, on 15th March, 2007 the Commissioner, Meerut Division wrote a letter to the District Magistrate, Ghaziabad directing him to submit a fresh report regarding value of the land sought for resumption. Pursuant to such direction, on 18th April, 2007 the Tehsildar, Sadar, Ghaziabad and Sub Divisional Magistrate, Ghaziabad submitted a report regarding valuation of the entire land to be approximately Rs. 95 crores @ Rs.4800/- per square meter, which report was forwarded by the District Magistrate to the Commissioner through his letter dated 16th June, 2007.

(3.) It is stated that thereafter, on 07th July, 2007 the budgetary meeting of the House of Ghaziabad Nagar Nigam was convened and at the very last moment an agenda was surreptitiously circulated proposing to resume 48.884 acres of land belonging to Ghaziabad Nagar Nigam so that it is made available to the respondent no. 7, whereas, according to the petitioner, on the day when budgetary discussion is to take place, no other item is placed on the agenda for consideration and further in such meeting, neither any discussion was held nor any decision was taken on the said proposal. However, on 30th August, 2007 when minutes of meeting of the House were circulated for its affirmation/approval in the next proposed meeting, then the petitioner along with other Parshads surprisingly found and came to know that the move for resumption of 19.7883 hectare of land was shown to have been passed on 07th July, 2007 in favour of the respondent no. 7 by voice vote. Subsequent thereto, when the next meeting of the House was held on 07th September, 2007, the confirmation of minutes of the meeting dated 07th July, 2007 came up and the proposal contained in the resolution No. 29 dated 07th July, 2007 was rejected in the House. The Mayor of the House immediately informed the Nagar Ayukta, Ghaziabad Nagar Nigam in writing about rejection of the proposal and also requested that this be intimated to all other concerned including Commissioner, Meerut Division, Meerut and the State Government as well.