By the Court.—Heard Ms. Sufia Saba, learned counsel for petitioner and learned Standing Counsel for State.

2. By means of present writ petition, petitioner has sought following reliefs:

“(i) issue a writ, order or direction in the nature of Mandamus directing the respondent not to interfere with the possession of the petitioners over their land and construction in dispute and not to demolish their construction.

(ii) issue a writ order or direction in the nature of mandamus to direct the contesting respondent to start the development and betterment work in the disputed colony (Swaraj Nagar) immediately.

(iii) issue any other writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.

(iv) award the costs of the petition to the petitioners.”

3. Petitioners (52 in numbers) have approached this Court claiming themselves to be the members of Motinagar Cooperative Housing Society Limited, Kanpur (hereinafter referred to as “Society”). The said Society is a registered Cooperative Housing Society under the provisions of U.P. Cooperative Society Act, 1965 (hereinafter referred to as “Act, 1965”). Including petitioners there are about 450 members of Society.

4. Aim and object of Society is to acquire land, prepare layout plan for residential colonies, construction of buildings and also advance loans to members of Society on easy terms.

5. Society purchased agricultural Plots No. 1639-1644, 1646-1652, 1654-1985 at Village-Maswanpur alias Mohsanpur (Swaraj Nagar) Pargana, Tehsil & District Kanpur. The aforesaid land was within the operation area of Kanpur Development Authority (hereinafter referred to as “KDA”), a body constituted under the provisions of U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as “Act, 1973”). Hence, Society prepared a lay out development plan and submitted to KDA on 25.3.1980 for its approval/sanction. Executive Engineer (Planning), KDA informed Society vide letter dated 29.7.1987 that for regularization of lay out plan and to compute development charges, necessary steps are being taken. Society in the mean-time allotted plots to its members during 1981 to 1987 for construction of residential houses. Possession of respective plots to members handed over. Society also executed sale-deeds in favour of members of Society including petitioners. Members of Society after execution of sale-deeds and getting possession, submitted plans/maps for construction of their houses, to KDA for sanction. Petitioners have also stated in Para 9 of writ petition that they started construction of their houses; some were completed wherein petitioners started residing and some were under construction at the time of filing writ petition in 1991.

6. In May, 1991, Officials of Enforcement Staff of KDA visited disputed land and required petitioners to vacate it and to remove constructions as well as construction materials from the said land, else constructions shall be demolished. Petitioners met Secretary of Society, who informed that KDA has demanded betterment charges at the rate of Rs. 250/- per square meter where against Society filed objections. KDA rejected objections and did not approve plan submitted by Society. Thereafter, Society preferred an Appeal under Section 15 (5) of Act, 1973 before Commissioner/Chairman, KDA.

7. Executive Engineer, KDA issued demand letters in 1990, informing petitioners and other members of Society to deposit 25% of proportionate development costs, complete formalities for agreement with KDA and submit other documents of title etc. Petitioners deposited different amounts mentioned in Para 15 of writ petition with KDA on various dates. However, KDA on 1.6.1991 demolished boundary walls of petitioners No. 38, 41, 50 and 51. Challenging aforesaid action, this writ petition has been filed stating that action of KDA is totally unauthorized and illegal.

8. Having heard learned counsel for petitioners and perusing record, we find tha