Court No. - 1 Case :- MISC. BENCH No. - 4797 of 2003 Petitioner :- Ram Lakhan & 28 Ors. Respondent :- State Of U.P. Thru Prin.Secy. Nagar Vikas & 3 Ors. Petitioner Counsel :- Madhumita Bose Respondent Counsel :- C.S.C.,K.Chandra,Umesh Chandra Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
The petition pertains to the year 2003.
The respondents 2,3 and 4 have filed short counter affidavit but the State has
not filed any counter affidavit.
In short, the petitioners claim conversion of Nazool land into free hold,
though they are not allottee of the said land. The petitioners are asserting their
right over the land in question, on the basis of Government order dated
10.12.2002.
The prayer of the petitioners was rejected on different dates by the Special
Nazool Officer by giving one and the same reason that the land in question
has been transferred under Ram Nagar Yojna of the Lucknow Development
Authority. When a challenge was made to the aforesaid order, a Division
Bench of this Court vide order dated 18.09.2003 directed the Secretary,
Lucknow Development Authority to decide the matter ignoring the fact of
cancellation order, within a given time.
Short counter affidavit was filed by the Lucknow Development Authority
saying that in view of an interim order passed by the High Court in Writ
Petition No. 11363 of 2003 in re:- Vichitra Veer Singh and others vs State of
U.P. and others, by means of which the operation of the Government orders
dated 1.12.1998 and 10.12.2002 was stayed, it was not possible to decide the
matter as directed by the Division Bench.
Smt. Bulbul Godial submits that the said order has been vacated and that a
fresh Government order has been issued on 21.10.2008 reviving the same
policy as was envisaged in the erstwhile Government orders dated 1.12.1998
and 10.12.2002 and therefore, a direction be issued to the Lucknow
Development Authority for taking a decision in the matter.
Sri D.K. Upadhyay drawing the attention of the court to the impugned order,
submits that it appears that the land in question already stands transferred
under the scheme of the Lucknow Development Authority and that being so,
the petitioner would have no right to get the land in question converted into
free hold. He,however, further says that that in view of the fact that interim
order does not subsist any longer, the matter may certainly be looked into
under the Government orders.
We, do not intend to enter into the question as to whether the petitioners are
entitled for conversion of the land in question as free hold in terms of the
Government orders dated 1.12.1998, 10.12.2002 and 21.10.2008 or any other
Government order, but in view of the fact that own short counter affidavit of
the Lucknow Development Authority, itself says that the matter could be
considered in pursuance of the interim order as the Government orders were
stayed in the meantime, we dispose of this petition finally with the direction
that the matter may be considered and decided in accordance with law, taking
into consideration the relevant Governments orders as may be legally
enforceable, expeditiously.
While considering the claim of the parties, it shall also be seen, whether they
are entitled for the relief claimed, in case the land stands transferred to
Lucknow Development Authority, under some scheme.
Order Date :- 14.7.2010
vks