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2002 Supreme(All) 39

IN THE HIGH COURT OF ALLAHABAD
M. Katju and S. K. Singh, JJ.
R. K. MITTAL - Appellant
Versus
STATE OF U. P. - Respondents
C. M. W. P. 36709 Of 2001
Decided On : 01/09/2002

Advocates Appeared:
A.K.Mishra, MURLIDHAR, S.Farman Ahmad Naqvi

Strict adherence to statutory and municipal rules and regulations is essential to maintain the rule of law and prevent chaos.

Headnote:

Violation of Law - Residential Plot Use - U.P. Industrial Development Area Act, 1976, Section 9(2)(b), Section 14, Section 15; New Okhla Industrial Development Area (Preparation and Finalisation of Plan) Regulations, 1991, Regulation 2(k), Regulation 4(1)(b), Regulation 11; National Capital Region Planning Board Act, 1985, Section 29 - The court discussed the violation of law by using a residential plot for commercial purposes, citing relevant sections and regulations. It emphasized the importance of strict adherence to statutory and municipal rules and regulations to avoid chaos and maintain the rule of law.

Fact of the Case:

The petitioners acquired a residential plot on lease but used it for commercial purposes, leading to a dispute with the New Okhla Industrial Development Authority (N.O.I.D.A.). The court analyzed the breach of lease terms and the authority's actions.

Finding of the Court:

The court found that the petitioners violated the lease terms by using the residential plot for commercial activities, and N.O.I.D.A. was justified in its actions to restore the plot to its prescribed use.

Issues: Violation of lease terms, authority's actions against unauthorized use, discrimination claims, and the applicability of relevant laws and regulations.

Ratio Decidendi: The court emphasized the strict adherence to statutory and municipal rules and regulations, the authority's right to take action against lease violations, and the inapplicability of discrimination claims in illegal activities.

Final Decision: The writ petition was dismissed, and the court directed N.O.I.D.A. to take immediate strong action against those using residential plots for non-residential purposes.

M. KATJU, J.

( 1 ) THIS petition furnishes a typical instance of a widespread malady which has infected our society and body politic, namely, the belief in the rich and mighty of our country that they are above the law.

( 2 ) HEARD Sri Murli Dhar, Sri S. Farman Ahmad Naqvi, learned counsels for the petitioners, Sri a. K. Misra, learned counsel for respondents 2 and 3 and learned standing counsel.

( 3 ) THIS writ petition has been filed praying for a writ of certiorari for quashing the impugned order dated 18. 6. 2001, Annexure-1 to the writ petition and for a mandamus direct-ing the respondents to formulate and finalise a comprehensive scheme for compounding and regularising the non-residential user of the residential premises in question. It is also prayed that the respondent be restrained from cancelling the lease granted in favour of the petitioner Nos. 1, 2 and 3 or to remove by force petitioner No. 4.

( 4 ) THE facts of the case are that New Okhla industrial Development Authority (hereinafter referred to as N. O. I. D. A.), had given residential plot No. A-778 in Sector 19, N. O. I. D. A. measuring 274. 37 sq metre on lease to petitioner Nos. 1, 2 and 3. It was clearly mentioned in clause 15 of the Transfer Memorandum dated 27. 8. 1999 that the transferee shall use the plot and premise exclusively for residential purpose. It is alleged in paragraph 4 of the writ petition that after acquiring the leasehold rights over the above plot, petitioner Nos. 1, 2 and 3 had obtained the requisite permission from N. O. I. D. A. to raise construction in accordance with the relevant rules and bye-laws. Thereafter, the petitioners made constructions over the aforesaid plot and started residing in the said premises.

( 5 ) IT appears that subsequently a portion of the residential premises, which had been given by n. O. I. D. A. to petitioner Nos. 1, 2 and 3 exclusively for residential purpose, was let out by the aforesaid petitioners to petitioner No. 4, Andhra Bank and also to an organisation akariti infotec. Since this was a clear breach of the Transfer Memorandum, the N. O. I. D. A. issued notices dated 18. 1. 2001 and 22. 2. 2001 intimating petitioner Nos. 1, 2 and 3 that the use of residential plot for commercial purpose is in violation of the lease deed and asked them to stop commercial activities on the aforesaid plot within thirty days falling which the lease/transfer deed shall be revoked. However, it is evident that the petitioners continued to use the aforesaid plot for commercial activities despite the aforesaid notice.

( 6 ) IN paragraph 7 of the writ petition, the petitioners have mentioned various other residential premises in N. O. I. D. A. on which commercial activities are being carried put. On this basis, learned counsel for the petitioners submitted that since there are other persons who are using their residential plots in N. O. I. D. A. for commercial purpose, hence the petitioners are being discriminated against since no action has been taken against these other persons. We do not agree with the submission. There is no question of violation of Article 14 of the Constitution of india in illegalities. For instance, a thief cannot say that many other thieves in the country have not been apprehended, and hence there is discrimination against him if he is proceeded against in a court of law.

( 7 ) LEARNED counsel for the petitioners then submitted that the Delhi Development Authority and ghaziabad Development Authority have permitted conversion of residential plots to commercial purposes vide Annexures-5 and 6 to the writ petition. In our opinion, we are not concerned with d. D. A. and G. D. A. , but we are concerned with N. O. I. D. A. alone. in paragraph 13 of the writ petition, it is alleged that N. O. I. D. A. has published some advertisement consequent to which those who had residential plots started submitting applications for conversion to commercial use, but suddenly N. O. I. D. A. changed its stand. Learned coun
























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