1. The action of the Patna Regional Development Authority (hereinafter called the P.R.D.A.) and its Officers in demolishing a retail petrol outlet of the petitioner Company situated on a plot of land which was given to the petitioner Company on lease by the Patna Womens College, Patna (hereinafter called the said College) is the subject-matter of challenge in both the writ petitions, one of which is filed by the petitioner Company and the other by its dealer. Since common questions are involved, both the writ petitions were heard analogously and are governed by this common judgment.

2. The material facts of the case are detailed hereinbelow : Hindustan Petroleum Corporation Limited (for short called the petitioner Company) is a Government of India undertaking and is a Government Company within the meaning of the Companies Act having its registered office at Bombay and one of its regional office at Boring Canal Road, Patna. The petitioner Company is, inter alia, engaged in the business of manufacture and sale of petrol and petroleum products through different outlets situate at various locations in the country. The said Petrol pump is one such retail petrol outlet, situated on an area of 0.37 acres of land which is approximately about 800 sq. ft.

3. In fact, by an indenture of lease dated 25th January, 1946 between the Governor of Bihar as Lessor and the Congregation of the Apostolic Caramel South Kanara, Mangalore, British India, through Mother M. Theodosia, Principal, Patna Womens College, as Lessee, a perpetual lease was given of a piece of land for the use of education purposes, namely, for the establishment of a Womens College and a Girl School at Patna. The said lease was given in respect of a land measuring about 29.4 acres situated at the New Capital in the district of Patna which was more fully described in the schedule attached to the said lease deed. Clause 5 of the said lease deed of 1946 reads as follows :-

"That the Lessee shall not part with or transfer the possession of the said land or any portion thereof except as authorised by the lessor in writing."

4. In accordance with the provisions of the aforesaid clause 5, the Principal of the said College sought for permission from the Chief Engineer, P.W.D., Patna for creation of a sub-lease in respect of a plot of land measuring O.37 acres in favour of M/s. Caltex (India) Limited the predecessor in-interest of the petitioner Company on the consideration that the said Caltex (India) Limited will pay, to the said College, a sum of Rs.10,000/which will be utilised for construction of a playground. It was clearly stated by the College authority in the letter dated 4th February, 1957 (Annexure 2) that the said amount is required by the said College for its students and that the piece of land on which the said petrol pump will be constructed will be situated to the extreme east corner, at a distance of 800 ft. from the said College compound and as such the privacy of the College will not be disturbed in any way. It was also mentioned in the said letter that in the interest of the College and its Students permission may be accorded to the lessee, the College authority, for the finalisation of the said proposed lease with Caltex (India) Limited. Then by a letter dated 9th July, 1957 (Annexure 3) the Principal of the said College was informed that the proposal of the lessee to create a sub-lease for the installation of a petrol pump has been approved by the Government. It was made clear that the lease of the land to the petrol pump will necessarily be for the remaining period of the lease granted to the Womens College and if for any reason, the other part of the land which has been leased to the Womens College reverts to the Government, the land which is given to the petrol pump will automatically revert to the Government. A copy of the said letter was forwarded to the Principal of the said College as also the District Manager, Caltex (India) Limited, Patna, which is