Hon’ble Ashok Bhushan, J.—These four writ petitions filed by Registered Housing Co-operative Societies raising common questions of facts and law have been heard together and are being decided by this common judgement.

2. Counter and rejoinder-affidavits have been exchanged in all the writ petitions, with the consent of the learned counsel for the parties, we proceed to decide all the writ petitions finally.

3. The Writ Petition No. 48641 of 2007 (Ashyana Sahkari Awas Samiti Ltd. v. State Of U.P. Thru’ Principal Awas Vikas U.P. and others) is being treated as leading writ petition. It is sufficient to note the facts and pleadings in Writ Petition No. 48641 of 2007 to decide all the writ petitions.

4. The petitioner, in Writ Petition No. 48641 of 2007 (Ashyana Sahkari Awas Samiti Ltd. v. State Of U.P. Thru’ Principal Awas Vikas U.P. and others) is a registered Housing Co-operative Society within the meaning of U.P. Co-operative Societies Act, 1965. The society by various sale-deeds purchased the land from owners in village Kaila and Mitthapur. The sale-deeds were obtained on different dates from 20th December, 1998 to 28th March, 2000. The Society purchased the land to provide the residential accommodation to its members after development. The State Government from time to time had taken various policy decisions in context of acquisition of land of Registered Housing Co-operative Societies. A Government Order dated 2nd June, 1998 was issued by the State Government referring to earlier Government Order dated 9th April, 1980 and 25th April, 1984 by which the State Government to bring uniformity in acquisition of land by various Development Authorities and U.P. Awas and Vikas Parishad laid down various conditions for regularising the land of various Registered Housing Co-operative Societies. The Government Order provided that in event prior to issuance of notification under Section 4 (of Land Acquisition Act), the land has been purchased by Housing Co-operative Societies or it has been sold to its members, the said land shall be regularised under the Scheme of Awas Evem Vikas Parishad/Development Authorities. The Government order further provided that 60% of the acquired land after development be made available to the Co-operative Societies. A notification under Section 28 of U.P. Awas Evem Vikas Parishad Adhiniyam, 1965 was issued on 28th November, 1998, for an housing scheme, namely, “Delhi Bulandshar Bye Pass Road, Bhumi Vikas Evam Grahashthan Yojna Ghaziabad”. In the said notification, land of the petitioner’s society was also included. Notification under Section 32 of the 1965 Act dated 19th September, 2002 was published, notifying the scheme which scheme was published in the U.P. Gazette dated 12th October, 2002. The State Government issued a Government Order dated 22nd October, 2002 laying down the policy decision for regularisation of land of Registered Co-operative Housing Societies. The State Government in Government Order dated 22.10.2002 had referred to earlier Government Order dated 10th September, 2001 after considering the policy as was then existing. The Government decided to modify the policy of regularisation of land of Registered Housing Co-operative Societies. Under the new policy, the State Government laid down several conditions. One of the condition which was mentioned in the Government Order dated 22nd October, 2002 was to the effect that only that land of Registered Co-operative Societies be included for regularisation which was purchased 18 months before issuance of notification under Section 4 of the Land Acquisition Act.

5. After issuance of the Government Order dated 22.10.2002 the U.P. Awas Evam Vikas Parishad issued a notice dated 27th August, 2003 to the petitioner’s society to appear before the Executive Engineer of the Awas Evam Vikas Parishad with regard to regularisation of land of society as per Government Order dated 22nd October, 2002. The detail information from the society was sought