LATA MAHESHWARI Vs. STATE OFN UTTAR PRADESH

JUDGEMENT

(1.) -What is assailed in this petition is a letter issued by government to all the District Magistrates directing them to ensure that permission to raise building on Nazul land was not granted if unexpired period of lease was less than fifteen years.

(2.) FACTUAL narration is unnecessary except that the petitioner, a purchaser of Nazul plot, was informed by the Development Authority by letter dated 8th July, 1987 that since the period of lease was going to expire on 1st April, 2002 which was less than fifteen years her plan for building construction could not be sanctioned in view of government order dated 16th October, 1986. A copy of the order is on record. It is in two parts the preamble or the reason and the decision. According to it a lease for building purpose permits a lessee to complete the building within specified time as the objective behind such a provision is that life of the lessees may be coming to an end, simultaneously, with the period of the lease and the land after his death may revert to State Government. Further no alteration or construction could be made on Nazul land nor any change in existing structure could be made without obtaining prior permission. And it often happens that the request from lessees is received from time to time to construct houses on vacant land or reconstruct a house on the old site for which there being no guideline, difficulty arises and at times there are different decisions for different cases. Therefore, in order to bring uniformity the State, after fully examining the matter issued the guidelines (1) No permission to construct a house may be granted if the unexpired period of lease was fifteen years or less, (2) Permission should be granted only if the lessee was willing to surrender the lease and was agreeable for its renewal on payment of 50 percent of premium and rent on market rate.