GAURSONS INDIA LIMITAD Vs. STATE OF U P

JUDGEMENT

(1.) BY means of the present writ petition virtually the petitioner seeks relief for directing the Uttar Pradesh Avas Evam Vikas Parishad, respondent no. 3 herein, (in short called as the "Parishad") to transfer the usable, clean and undisputed suitable land measuring an area of 12.047 acres situated in Vasundhara Scheme at Ghaziabad free from all encumbrances in favour of the petitioner in the place and instead of the land of Khasra Nos. 948 (part) and 1454 (part), area 3.238 acres and 8.809 acres respectively, situated in Village Arthala, Ghaziabad (in short called as the "land in question") and to grant all necessary permissions and sanction map/plans etc. as per the approved Floor Area Ratio (FAR). Petitioner has also challenged the order passed by the Parishad dated 27th July, 2006, whereby the representation of the petitioner for transfer of the land in question has been rejected. Other incidental reliefs have also been sought for.

(2.) BRIEFLY stated facts of the case, according to the petitioner, are that the Parishad issued a notification dated 17th June, 1982 under Section 28 of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter in short called as the "Act") for the purpose of a residential scheme also known as "Vasundhara Scheme", wherein land of certain khasras measuring 12.047 acres situated in Village Arthala, Ghaziabad belonging to M/s. National Cereal Products Ltd., Mohan Nagar, Ghaziabad and M/s. Mohan Meakins Ltd., Mohan Nagar, Ghaziabad, the respondent nos. 8 and 9 respectively in this writ petition, were also included. On 19th February, 1987 notification under Section 32(1) of the Act was also issued. Such notifications were challenged by the respondent nos. 8 and 9 by means of Civil Misc. Writ Petition Nos. 17372 of 1987, 17373 of 1987 and 17374 of 1987, which were allowed by a Division Bench of this Court by judgement and order dated 18th March, 1993, thereby quashing the said notifications insofar as they related to the land claimed by the respondent nos. 8 and 9. Subsequently, a compromise was entered into between Parishad and respondent nos. 8 & 9 on 26th October, 1993, wherein it was agreed between the parties that total land measuring 12.047 acres of the respondent nos. 8 & 9 will be adjusted in the said scheme of Parishad with the condition that the said land will be used by the respondent nos. 8 and 9 for the construction related with water treatment plant and the rest of the land will be kept open. It was further agreed that if the Parishad will deem proper, it will take over the said land of the respondent nos. 8 and 9 adjusting the same in the one corner of the layout plan according to the convenience of the parties. For the exchange, an exchange deed will be executed between the parties. The judgement dated 18th March, 1993 was challenged by the Parishad before the Supreme Court in Special Leave Petition No. 22015 of 1994 (U.P. Avas Evam Vikas Parishad & another Vs. Spl. Land Acquisition Officer & ors.), which was disposed of on 20th March, 1995 in terms of the aforesaid compromise. After about nine years of the order of the Supreme Court, an exchange-deed was executed between Parishad and respondent nos. 8 & 9 on 15th June, 2004, whereby the acquired land of the respondent nos. 8 & 9 was agreed to be adjusted in the Vasundhara Scheme of the Parishad and was to be used for water treatment plant and it was further agreed that Parishad will provide the land in question to the respondent nos. 8 & 9 in the Vasundhara scheme at one corner free from all disputes and encumbrances. Accordingly, the land in question was given to the respondent nos. 8 and 9. On 28th March, 2005 Regional Office of Uttar Pradesh Pollution Control Board, Ghaziabad declined to give permission to the respondent nos. 8 and 9 to install effluent treatment plant or Ferti-irrigation on the ground that the land is situated in residential area.

(3.) AFTER purchase of the land in question, when the Forest Department started claiming the land in question (exchanged land), the petitioner came to know that such land belongs to Forest Department. The petitioner has also come to know that the land in question along with some other land, which was vested in the concerned Gram Sabha, was resumed by the order of the District Magistrate, Ghaziabad dated 21st March, 1994 in exercise of the powers conferred under Section 117 (6) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 for the purpose of making Bird sanctuary/ Pakshi Vihar. Pursuant to such order, the Office In-charge (Resumption) by his order dated 04th March, 1995 directed the Tehsildar, Dadri, Ghaziabad to get the resumed land recorded in the records after handing over its possession to the Forest Department, Ghaziabad. According to the petitioner, such resumption order dated 21st March, 1994 was challenged by the Parishad before the Commissioner, Meerut Division, Meerut in Revision No. 48 of 2007, which was dismissed by order dated 30th March, 2009 and thereafter a recall application was filed, which has also been rejected by order dated 22nd June, 2009. The said orders are stated to have never been challenged by the Parishad, therefore, the same have attained finality.