SAURABH JAIN Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for a writ of certiorari to quash the impugned order dated 23.11.2001, Annexure-7 to the writ petition passed by the State Government and the orders dated 11.12.2001 and 15.4.2002 Annexures-8 and 9 to the writ petition passed by the Moradabad Development Authority. The petitioner has also prayed for a mandamus directing the respondents to forthwith return the petitioner possession of the land measuring 8116.65 sq. m. of Plot No. 454 situate in village Harthala Mustahkam, Tahsil and District Moradabad and for reimbursement on account of illegal dispossession.

(2.) In proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 this land was declared surplus vacant land by the Competent Authority, Moradabad by order dated 29.8.77. Against that order a revision was filed and the State Government by order dated 9.7.98 in exercise power Under Section 34 of the Act held that the land in dispute was agricultural land and outside the purview of the Act. Hence, it released the land in favour of the landholders. True copy of the said order has been annexed as Annexure-4 to the writ petition. Thereafter, the landholders applied for restoration and possession of the land in dispute. The matter was referred to the State Government as the Moradabad Development Authority had taken possession of the land in dispute and had developed a Residential Colony.

(3.) The State Government held detailed deliberations with the Moradabad Development Authority, which informed that it had developed a Residential Colony viz., Ram Ganga Vihar Colony, and further it had allotted and transferred the flats and houses to the allottees. The Moradabad Development Authority sent a proposal for acquisition of the land in dispute but this was not acceptable to the Government. However, the Moradabad Development Authority proposed to return 3605 sq. mts. of land (out of the total land in dispute 8116 sq. m.) that had still not been transferred. The State Government by order dated 23.11.2001, Annexure-7 to the writ petition directed the Moradabad Development Authority to return 3605 sq.m. of land in dispute. However, the State Government also directed that Development charges and cost of construction standing over this 3605 sq.m. be also charged from the landholders. The State Government did not give any direction regarding the balance 4511 sq.m. out of the total land in dispute measuring 8116 sq.m.