MERINO EXPORTS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES Vs. ADDITIONAL COMMISSIONER MEERUT DIVISION APAR PARGANA ADHIKARI AND STATE OF

JUDGEMENT

(1.) Since identical questions of facts and law are involved in both the writ petitions, therefore, it would be appropriate to dispose of both the writ petitions jointly by a single judgment.

(2.) The petitioners have filed the above noted writ petitions challenging the order dated 16.4.2003 passed by the Additional Commissioner, Meerut Division, Meerut, contained in Annexure-10 of the writ petition, dismissing the revision of the petitioners by affirming the order dated 27.12.2002 passed by the Uppar Parganadhikari, Hapur, District Ghaziabad, contained in Annexure-9 of the writ petition, whereby the applications of petitioner-company for issuing declaration under Section 143 of the Act were rejected.

(3.) Petitioner No. 1 of Writ Petition No. 32391 of 2003 is a limited company incorporated under the Companies Act, 1956 and petitioner No. 2 bhumidhar with transferable rights of Khasra No. 696 measuring 6-12-9 (1.681 hectares of village Achcheja, Pargana and Tehsil Hapur, District Ghaziabad. He is also Director and authorized signatory of the Company-petitioner No. 1 Petitioner No. 1 is sister concern of petitioner No. 3. Over the aforesaid plot petitioner No. 3 is having its go-down and workshop and the remaining area is covered by the staff quarter, road etc. The constructions are inexistence since 1990 and the aforesaid plot is shown as abadi in the Khasra of the village in question. Similarly petitioner No. 1 of writ petition No. 32389 of 2003 is also a limited company incorporated under the Companies Act, 1956 and is bhumidhar with transferable rights of Khasras No. 420 measuring 1-0-0, 421 measuring 3-6-9, 422 measuring 2-1-0, 423 measuring 1-0-0, 429 measuring 2-14-0 and 430 measuring 0-2-0 situated in village Accheja, pargana and Tehsil Hapur, District Gahaziabad. Petitioners' company is having its factory over the aforesaid plots since 1981 and as such the aforesaid plots have been shown as Abadi in the Khasras. The petitioners of both the writ petitioners filed applications before the Upper Parganadhikari. Hapur, District Ghaziabad for making a declaration under Section 143 of the U.P.Z.A. & L.R. Act, 1950 as Abadi land in respect of the land in question, as the said land is not being used for agriculture purposes. He directed the Tehsildar, Hapur to submit report. Accordingly, who got the site inspected by Naib Tehsildar, Hapur, who in turn submitted his report under Rule 135 of U.P.Z.A. & L.R. Rules, 1952 to the Tehsildar, Hapur confirming the existence of go-down, staff quarters and Pukka road over the said plots. It is further stated that though the Naib Tehsildar has found that the plots in question are no more being used for agriculture purposes, but in his report he recommended that the aforesaid plots come under the development area of Hapur Pilakuwa Development Authority (in short H.P.D.A.), therefore, no objection certificate may be obtained from the aforesaid authority. It appears that the Upper Parganadhikari, Hapur sought no objection certificate from the H.P.D.A. Thereupon it appears that the Secretary of H.P.D.A. wrote a letter on 11.8.2000 informing respondent No. 2 that the map submitted by the petitioner-company already stands rejected and the proceedings under Section 26 of the U.P. Urban Planning & Development Act, 1973 hereinafter referred to as Act, 1973 are pending against it and therefore, declaration under Section 143 of the U.P.Z.A. & L.R. Act may not be issued. Its is stated by the petitioner that although the recommendations made by the H.P.D.A. to respondent No. 2 are irrelevant and wholly without authority of law, but the petitioner-company by way of abundant caution has also brought on record the order of the State Government directing H.P.D.A. to regularize the constructions existing over the plots in question including various proceedings of Zila Udyog Bandhu, wherein a decision was taken for the said land to be continued to be used for industrial purposes. Petitioner-company filed a receipt of compounding fee dated 16.10.2002 issued by the H.P.D.A. in favour of the company contained as Annexure-7 of the writ petition. It is further stated by the petitioners that the proceedings initiated by H.P.D.A. against the company for alleged violation of the provisions of Act, 1973 were withdrawn in view of the sanction of its map and regularisation of the constructions. Photo copy of the certified copy of the order dated 8.1.2002 passed by the Chief Judicial Magistrate, Ghaziabad has been filed as Annexure-8 of the writ petition. After going through the record. Upper parganadhikari, Hapur had rejected the application filled by the petitioners vide impugned order dated 27.12.2002 contained in Annexure-9 of the writ petition. Feeling aggrieved against which the petitioners company of both the petitions have filed their revision which was also dismissed by the Additional Commissioner, Meerut Division, Merrut vide order dated 16.4.2003, contained in Annexure-10 of the writ petition. Feeling aggrieved against the orders dated 27.12.2002 and 16.4.2003, the petitioners have filed the above noted writ petitions before this Court.