Judgement

VENKATACHALIAH, J.:- Special Leave Petitions (Civil) 4761 and 4762 of 1985 are by the State of Uttar Pradesh and its officers and SLPs 13298 and 11498 of 1987 by the Lucknow Development Authority, (LDA for short) a statutory body constituted under S. 4(1) of the Uttar Pradesh Urban Planning & Development Act, 1973 (Act for short) and its Authorities seeking special leave to appeal from the common judgment dated 8-12-1986 of the High Court of Judicature, Allahabad, in Writ Petitions Nos. 6819 of 1985 and 367 of 1986 which were heard and decided along with three other writ petitions i.e. WPs 5521 & 5699 of 1985 and 3463 of 1986.

Special Leave Petitions 11515 of 1987 and SLP 11499 of 1987 are by the LDA and its Authorities directed against the said common judgment dated 8-12-1986 in so far as it pertains respectively to W.P. 5699 of 1985 and 5521 of 1985. Special Leave petition 11220 of 1987 is by the LDA and its Authorities seeking leave to appeal from the Order in W.P. 3463 of 1986.

2. The Writ Petitions before the High Court were preferred by the respondent lessees Sri D.P. Singh and his mother Smt. Raj Lakshmi Devi, the heirs of Maharaja Pateshwari Prasad Singh in respect of Nazool land in Plot No. 10, Ashok Marg, Hasratganj, Lucknow, under deed dated 7-10-1961 commencing from 15-11-1961 and stated to expire on 31-3-1991. The proceedings arose out of two matters. The first pertained to the legality of the Notice dated 19-11-1985 issued by the State Government in cancelling the lease. The cancellation was challenged in two writ-petitions filed separately by Sri D. P. Singh and Smt. Raj Lakshmi Devi in W.P. 6819 of 1985 and W.P. 367 of 1986 respectively. The High Court by its common order dated 8-12-1986 allowing the said two writ-petitions quashed the said cancellation. In SLPs 4761 and 4762 of 1987 and in SLPs 13298 and 11498 of 1987 the Lucknow Development Authority have assailed this part of the common order.

The second area of the controversy arises out of the order dated 19-4-1986 of the Vice-Chairman, Lucknow Development Authority, (LDA for short) cancelling the earlier order dated 31-1-1985 granting permission under S. 15 of the Act in favour of the respondent lessees to develop the lease-hold property by erecting thereon a multi-storeyed building called "Balarampur Towers" comprising of flats etc. This cancellation was challenged by the two lessees in the joint Writ Petition No. 3463 of 1986. The High Court allowed this Writ Petition also and has quashed the impugned order dated 19-4-1986 by which the permission to build earlier granted was sought to be revoked. In SLP 11220 of 1987 the LDA seeks leave to appeal against this part of the order.

WPs 5699 of 1985 and 5521 of 1985 from which the LDA has preferred SLP 11515 of 1987 and SLP 11499 of 1987 respectively do not relate to or bear upon the substantial points of controversy between the parties. They relate to certain incidental matters. Accordingly SLPs 11515 of 1987 and SLP 11499 of 1987 would be governed by the order made in the main SLPs.

3. Special leave is granted in all the petitions. We have heard Sri B. B. Thakur, learned Senior Counsel for the LDA and its authorities; Sri Yogeshwar Prasad, learned senior counsel for the State of Uttar Pradesh and its officers and Sri Soli, J. Sorabjee for the respondent-lessees.

The subject matter of the lease is stated to be an extent of about 9885 Sq. Metres of Nazool land, which was comprised in the lease in favour of a certain Mr. Edwards, granted in the year 1901 for a period of 30 years in the first instance, with provision for renewal for two more terms of 30 years each. On 6-11-1936, there was the first renewal for 30 years effective from 1-4-1931 in favour of a certain Sri Syed Ali Zahir, a transferee from Mr. Edwards. Sri Syed Ali Zaheer assigned his interest under the lease in favour of Maharaja Pateshwari Prasad Singh of Balrampur. On 7-10-1961, there was a second renewal in favour of the present respondents