Court No. - 30 Case :- CIVIL REVISION DEFECTIVE No. - 77 of 2010 Petitioner :- Lajja Ram Goel Respondent :- U.P. Avas Evam Vikas Parishad Petitioner Counsel :- Vijay Mahendra Hon'ble Rakesh Sharma,J.
Learned counsel for the petitioner has pointed out that a factual mistake has
crept in the order in place of Ghaziabad Development Authority, the
directions were to be issued to the concerned authorities of U.P. Awas Evam
Vikas Parishad to ensure compliance of the order of Board of Revenue and
the Government Order issued on 29.6.2009 and 1.9.2009. It has been further
submitted that the petitioner is Bhumidhar of the plots in dispute.
Accordingly, the order needs correction. If these mistakes will remain in the
order the petitioner would not derive any benefit of the order.
After hearing learned counsel for the petitioner and perusing the record.
This Court feels that factual mistakes have to be corrected.
Let the order passed by this Court on 28.5.2010 shall now be read as under:
“The revisionist is exempted from filing the certified copy of the impugned
order. The case be allotted a regular number.
Heard learned counsel for the revisionist and perused the record.
Through this revision under section 115 C.P.C., an interim order passed by
the learned Civil Judge (Senior Division), Ghaziabad trial court by which an
interim application has been dismissed has been challenged. The revisionist
sought framing of an additional issue that the directions issued by the Board
of Revenue and the State Government are binding on the concerned
authorities of the U.P. Avas Evam Vikas Parishad and other local bodies.
Compliance of Board of Revenue’s order and Government Order dated
29.6.2009, 1.9.2009 in respect of sanctioning the map plan, submitted to the
Development Authority has also been sought. The other factual and legal
aspects were also canvassed before the Court. The revisionist had filed a suit
under section 229 of U.P.Z.A.& L.R.Act in respect of agricultural land situate
in district Ghaziabad. The revenue court had decided the matter in his favour.
Challenge was made up to to Apex Court and final verdict was given in
favour of the revisionist. The judgment passed in Original Suit No. 418 of
1997 would show that the revisionist is the Bhumidhar of the plots in dispute.
The revisionist filed a suit seeking sanctioning of map. He has also
approached the Board of Revenue and the State Government. The Board of
Revenue had passed a specific detailed order dated 30.6.2009 in favour of the
applicant. The State Government, i.e., Secretary Avas, Lucknow had also
issued detailed directions to the local body, U.P. Avas Evam Vikas Parishad
Etc. vide order dated 1.9.2009 for sanctioning the map submitted by the land
owner for commercial or other purpose.
The court below declined to frame additional issue and consider the above
development, hence giving cause of action to the applicant to file the present
revision.
I have heard learned counsel for the revisionists, learned Standing Counsel
and perused the record.
There are two Government Orders available on record which were issued by
the Board of Revenue U.P. on 29.6.2009 and the State Government on 1.9.09.
In addition to this there exists a detailed judgment and order passed by this
Hon’ble Court in writ petition No.54482 of 1999- Lajja Ram Vs. Addl.
Commissioner, Meerut Division, Meerut & others. This judgment was
affirmed by the Supreme Court of India as the S.L.P. filed by the State, Nagar
Nigam was rejected. This order is to be given due regard. The order passed by
the Board of Revenue on 29.6.2009 and State Government’s order dated
1.9.09 are specific and clear. The directions contained in these orders have to
be complied with by the concerned local body ,i.e., U.P. Avas Evam Vikas
Parishad. The Housing Commissioner Avas has issued an order dated
22.9.2009 regarding sanctioning of the maps.
The revisionist was handed over possession of the land as directed by the
Executing Court through Court Amin on 13/15.12.2004. The trial court is to
restore possession of the plots to revisionist as it was on 13/15.12.2004.
In view of the above quoted statutory provisions and the directions contained
in the Government Order dated 12.4.2010, the U.P. Avas Evam Vikas
Parishad is directed to ensure compliance of the directions contained in the
letter sent by the Board of Revenue on 29.6.2009 and the Govt. vide G.O.
dated 1.9.09 and the orders passed by this Court on 7.5.1993 and 1.7.1998.
The directions are explicit and clear and have to be complied with by all the
concerned authorities including the respondents herein. Since the issues raised
are legal issues and interpretation of the aforesaid provisions has been sought
for , the revision deserves to be allowed. The concerned authorities including
respondents, trial court shall take notice of the above and ensure compliance
of the aforesaid directions contained in the above order dated 29.6.2009
issued by the Board of Revenue, U.P. and State Government in its
Government Order dated 1.9.09. The respondents are restrained from
interfereing with the peaceful possession of the applicant over the plot in
dispute as indicated in the revision. The revision is allowed. All the necessary
consequences shall follow immediately.”
Order Date :- 9.7.2010
Bhaskar