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2009 Supreme(All) 166
HIGH COURT OF ALLAHABAD
Arun Tandon, Dilip Gupta
RITESH TEWARI
Versus
STATE OF U P
Decided On : 20 January 2009
C. M. W. P. No. 45169 of 2008
Archana Srivastava, Atul Mehra, MADHAV JAIN, R.P.Dwivedi, SANJAY KUMAR OM, V.K.UPADHYA,
The main legal point established in the judgment is that the transfer of land by the recorded tenure holder subsequent to the order under the Act of 1976 was null and void, and the petitioner had no legal title over the land.
Headnote:
Land Ceiling Act - Transfer of Vacant Land - Urban Land (Ceiling and Regulation) Act, 1976 - Section 8(4), Section 10(1), Section 10(3), Section 10(4), Section 10(5) - The court held that the transfer of land by the recorded tenure holder subsequent to the order under the Act of 1976 was null and void. The court also discussed the consequences of the repeal of the Act and concluded that the petitioner had no legal title over the land and could not question the order dated 30. 3. 1981 passed under the Act of 1976.
Fact of the Case:
The petitioner filed a writ petition seeking relief from interference in the construction of a multi-storied building on land purchased from M/s. Savy Homes (P) Ltd. The Agra development authority raised demands for statutory charges and compounding of unauthorized construction. The authority later directed cancellation of the building plan and restoration of possession to the State Government based on the Act of 1976.
Finding of the Court:
The court found that the transfer of land by the recorded tenure holder subsequent to the order under the Act of 1976 was null and void. The court also concluded that the petitioner had no legal title over the land and could not question the order dated 30. 3. 1981 passed under the Act of 1976.
Issues: The issues involved the legality of the transfer of land under the Act of 1976, the consequences of the repeal of the Act, and the petitioner's entitlement to relief.
Ratio Decidendi: The court held that the transfer of land by the recorded tenure holder subsequent to the order under the Act of 1976 was null and void. The court also discussed the consequences of the repeal of the Act and concluded that the petitioner had no legal title over the land and could not question the order dated 30. 3. 1981 passed under the Act of 1976.
Final Decision: The writ petition lacked merit and was dismissed. The court refused the petitioner's request for a certificate under Article 134-A of the Constitution of India.
This writ petition has been filed by one Ritesh Tewari in his personal capacity as well as in his capacity as pro prietor of M/s. Ganpati Builders of the following reliefs :
" (i) to issue a suitable writ, order or direction in the nature of man damus directing the respondents not to interfere in the actual physical peaceful possession and construction of the petitioners multi-storied building known as ganpati Green Apartment situated at Khasra Plot No. 258, Village Kakraitha, Tehsil Sadar, District Agra.
(ii) to issue a suitable writ, order or direction in the nature of certiorari and to quash the directions contained in the letters dated 30. 6. 2008 and 18. 7. 2008 (Annexures-19 and 20 to the writ petition.
(iii) to issue suitable writ, order or direction constituting an enquiry committee to enquire into the role of and to fix responsibility on the erring respondents for the illegal and undue harassment of the petitioners in re spect of the construction in question as also for the publication of the press reports dated 26. 8. 2008 (Annexure-21 to the writ petition) damaging irre deemably the business, reputation as well as goodwill of the petitioners and to direct such authority found responsible for the said illegal acts to compensate the petitioners for the aforesaid damages caused to their busi ness, reputation and goodwill. "
2. The basic averments made in support of the aforesaid reliefs in the writ petition are that the petitioners have purchased 3440. 50 sq. yards i. e. , 2876. 64 sq. metres of land of Khasra Plot No. 258 from M/s. Savy Homes (P) Ltd. through a registered sale deed dated 15. 6. 2006. The petitioners have
thus become sole and exclusive owner of the said area of Khasra Plot No. 258. They applied for sanction of a plan to construct a multi-storied building on the land. The Agra development authority vide letter dated 10. 1. 2007 raised a demand of Rs. 23,19,956/- towards statutory charges for sanctioning the building plan as well as for compounding the construction already raised. The amount is stated to have been deposited by the petitioners on 10. 1. 2007. The Agra development authority vide letter dated 7. 12. 2007 made a further demand of Rs. 25,10,466/-towards compounding of the unauthorized construction raised by the writ peti tioners within seven days along with certain conditions mentioned therein. The petitioners is stated to have deposited the said amount on 10. 12. 2007. At this stage the petitioners were informed of the orders dated 30. 6. 2008 and 18. 7. 2008 (Annexures 19 and 20 to the writ petition), whereby the Sub Divisional Magistrate had informed the Additional District Magistrate (Admn.)/competent Authority, Urban Land Ceiling, Agra that the petitioners have raised constructions on a portion of the land which is vested in the State Government after ceiling proceedings were initiated under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the Act of 1976) against the recorded tenure holder. Therefore, the map, if any, sanctioned by the Agra Development Authority be directed to be cancelled and appropriate action be taken for restoring the possession to the State Government. On the said report, the A. D. M. (Admn.)/competent Authority, Urban Land Ceiling, Agra has called upon the S. D. M. to take appropriate action in respect of the construction raised by the petitioners.
3. Counsel for the petitioner with reference to the record of the present writ petition, submits that proceedings under the Land Ceiling Act were initi ated against the recorded tenure holders under the Act of 1976. On the basis of the statement filed by the recorded tenure holder an order dated 30. 3. 1981 in Case No. 5274/4787/76-77 (State v. Ramo) was passed by the competent au thority declaring amongst other 9006 sq. yards of land of Khasra Plot No. 258 as surplus. The order was not challenged any further by the recorded tenure holders.
4. The entire Khasra
