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ABHAY S. OKA, AUGUSTINE GEORGE MASIH
City Montessori School – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ABHAY S. OKA, J.
1. Leave granted.
FACTUAL ASPECTS
2. These appeals take an exception to the same judgment of a Division Bench of Allahabad High Court. The dispute is essentially between the City Montessori School (for short, ‘the school’) and one Shri M.M. Batra regarding plot no. 90-A/A- 754, measuring 2238.5 sq. ft. situated at Maha Nagar, Lucknow (for short, ‘the plot’). It is not in dispute that the plot vests in the State Government. By a lease dated 4th January 1961, the Hon’ble Governor of Uttar Pradesh, through Nazul Officer, Lucknow, granted the lease of the plot to one Gursharan Lal Srivastava which was described as a ‘garden lease’ A separate lease was granted on the same day in respect of the building on the plot. By a registered sale deed dated 26th June 1962, Gursharan Lal Srivastava sold his leasehold interest in the plot to Shri M.M. Batra (the alleged lessee). Rajat Batra and Raman Batra are the sons of the alleged lessee. It appears that the plot is a Nazul property. Several Government Orders (G.Os.) have been issued, either providing for the conversion of leasehold lands into freehold or auction thereof.
3. The alleged lessee filed a Civil Suit in the ye
Advocates appeared :For the Appellant : Ravish Agrawal, Sanjay Agrawal For the Respondent : Pushpendra Yadav, R. N. Singh, Akshay Pawar
The court ruled that an unregistered lease does not confer rights, and amendments changing the nature of a petition are impermissible if no enforceable rights exist.
The court emphasized the limitations on land allotment to educational institutions under the U.P. Zamindari Abolition and Land Reforms Act, 1950, and the discretionary power of the State Government i....
(1) Statutory Authority – State Government / or KMDA which is a statutory authority of the State Government, cannot through a subsequent policy alter the conditions of original allotment on the basic....
Under the Scheme for conversion from leasehold to freehold, applications cannot be processed if the lease is cancelled and litigation regarding the property title is pending.
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