HINT PUBLICATIONS PRIVATE LTD Vs. GHAZIABAD DEVELOPMENT AUTHORITY; SECRETARY, GHAZIABAD DEVELOPMENT AUTHORITY AND STATE OF U P

JUDGEMENT

(1.) The aforesaid writ petitions are similarly placed, therefore, all the writ petitions are analogously heard by connecting with each other and will be governed by this solitary judgement.

(2.) The facts of the case, in brief, are that Ghaziabad Development Authority (hereinafter in short called as "GDA"), one of the respondents herein, allotted a land measuring approximately 2013.35 square meter at Raj Nagar by a letter dated 29th September, 1983 in favour of a trust, which subsequently become company by the same group of persons having common objective related to educational and public utility service i.e. the petitioner herein on the basis of the application made in the year 1979. The allotment order shows that the rate is fixed at Rs. 150/- per square meter. The petitioner was asked to deposit a sum of Rs. 3,02,002.50 by means of a bank draft as the price of the land. The petitioner made an application to grant concessional rate since they are running an educational and public utility service. On 01st October, 1983 GDA wrote a letter to the Secretary, Government of Uttar Pradesh, making a recommendation for allotment of land on the concessional rate. In the meantime the petitioner ordered for heavy machines to complete the project in due time and finding no other alternative requested the authority on 30th April, 1985 to release at least 500 square meters of land at the rate of Rs. 150/- per square meter, which they had demanded, and in case the concessional rate is settled, the remaining amount will be given. Accordingly, said 500 square meters of land was conveyed to the petitioner at a cost of Rs. 62,500/- upon execution of the necessary document. The petitioner is in possession of such land. However, at a point of time GDA wanted to allot a portion of land to some other persons, when a writ petition was filed, being Writ Petition No. 12440 of 1986, whereunder the interim order was passed directing the respondents not to allot the land to somebody else. In view of such order, the GDA did not proceed with the matter. However, the City Board (now Nagar Nigam) made a proposal to take possession of some portion of the petitioner's land. Such fact was brought to the notice of the GDA authority when they stopped the City Board. As because the petitioner was pressing hard to execute the conveyance giving at concessional rate for the rest of the land, the authorities were putting pressure to withdraw the proceeding frorr the Court of law. However, the petitioner suffered huge loss since huge loan on payment of interest was taken from The Pradeshiya Industrial and Investment Corporation of Uttar Pradesh (PICUP). Again GDA wrote a letter on 28th June, 1991 to withdraw the writ petition. However, in the aforesaid writ petition a counter affidavit was filed by the GDA stating that they are ready to execute the deed in respect of the plot actually allotted to the petitioner. The offer was accepted by the petitioner. They wrote several letters to execute the deed of conveyance. State of Uttar Pradesh being the ultimate authority wrote several letters in support of the petitioner but the GDA did not care to give reply to the letters, for the reasons best known to them. However, from a letter of the; petitioner dated 30th January, 1992 it appears to this Court that in the meantime the GDA has ordered release of further 570 (sq.) meters in the allotted chunk and they have deposited further money as desired. From the letter dated? 2nd December, 1993 it appears that between 25th October, 1985 and 09th July, 1991 time to time several payments are made by the petitioner to GDA vide receipts amounting to Rs. 2,82,500/- and the balance amount of Rs. 19,502.50 has been paid by pay order of a nationalized Bank dated 21st December, 1993 as final payment against allotment of Plot No. 2013.35 square meter. Ultimately, on 23rd April, 1996 the GDA cancelled the offer of allotment : of land over and above 500 square meter and wanted to send the cheque of Rs. 2,00,000/- back to the petitioner when the petitioner refused to accept the ,.; same, when it was further informed by the GDA on 26th April, 1996 that such sum is kept safely with them.

(3.) However, the writ petition, being Writ Petition No. 12440 of 1986, was finally disposed of on 29th November, 1991 with an observation that if the petitioner accepts the offer made by the Vice Chairman, that would be the end of the matter. If, however, the petitioner still asserts that it is entitled to get a different plot then (in our opinion) the matter can not be resolved in the Court. That will be a factual controversy. That controversy can be best resolved by a competent civil court. In any event, a suit was filed subsequent thereto. However, ultimately when further writ petition was filed, the suit was withdrawn.