JUDGMENT

K. RAMASWAMY, J. -

CA No. 1869 of 1981

1. The State of Uttar Pradesh got published in the State Gazette the notification issued under Section 4 (1) of the Land Acquisition Act, 1894, (for short "the Act") on 16-7-1960, acquiring 287 acres of land in Ghaziabad for planned development by the Improvement Trust, Ghaziabad (for short "the Trust"). The appellant had purchased 1.9 and 2.9 bighas of land under sale deed dated 15-3-1961 and 1.9, 2.4 and 1.6 bighas of land on 27-3-1961 constituting a total extent of 4 acres 3025 square yards from the erstwhile owner of the land. The State Government issued on 13-8-1962 what is known as "Land Policy" in which it was stated that the lands falling within the limits of Ghaziabad Municipality may be acquired in the first instance, under the Act; that the Trust should make external development of the entire area and also internal development in certain categories of cases the details whereof are mentioned in the Schedule appended thereto and directed that

"lease out the plotted area to the persons from whom the land was acquired by charging premium which shall be equal to the compensation payable for the acquisition plus the cost of both external and internal development. The lessee may be given the right to sub-lease the plot and thereby earn profits on their lands."

They divided the landowners into three categories, viz., (1) those who held an area of less than 2 acres of land, (2) those who held an area of more than 2 acres but less than 20 acres of land and (3) those who held an area of 20 or more acres of land, at one place. In paragraph 6 it was stated that

"those in Category No. (2) may be given an option either to accept cash compensation for their land under the Land Acquisition Act or to get back 40% of their land as developed plotted area after paying the cost of external and internal development. In the latter case, the premium will be compensation payable for the land."

2. In furtherance thereof, the appellant had applied on 10-5-1963 for allotment of the plot and also got herself registered with the Trust on 25-11-1968 seeking allotment of the land under the Land Policy. The appellant also, after being informed of her need to redeposit the compensation amount she received from the Land Acquisition Officer on 12-9-1969 and deposited the same with the Trust on 31-7-1970. The appellant claimed that she was allotted 7957 square yards of land in Sector 12, viz., Chander Nagar but when she sought registration of the lease deed in her favour on 27-6-1972 she was informed to supply a copy of the sale deed of the land purchased by her vide communication dated 18-4-1974. By letter dated 6-5-1974, the Trust informed her that since she had purchased the land after notification under Section 4(1) had already been published, she was not eligible for allotment and accordingly the Trust had been returned the amount deposited by her by a cheque dated 3-6-1974. Thereafter, the appellant filed Miscellaneous Writ Petition No. 4517 of 1974 in the Allahabad High Court which was dismissed on 29-11-1977.

3. When the matter was heard on 29-8-1995 by this Court, it transpired that after the policy was issued, the State Government issued two GOs dated 8-12-1971 and 2-6-1972 providing guidelines for implementation of the Land Policy. We, therefore, directed the counsel for the State as well as the Trust to produce the copies of the orders. Accordingly, they came to be filed. GO No. 342 dated 8-12-1971 addressed by the Deputy Secretary to the Trust indicates in paragraph 2 that the persons who had purchased the land which would fall under the notification, after the publication of the notification for the acquisition of land under the Act, may not be given any benefit under the Land Policy. Paragraph 3 provides that the benefit of the Land Policy may also not be given to the persons who although had submitted their applications for the benefits under the Land Policy well before the prescribed date