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2016 Supreme(All) 1636

ALLAHABAD HIGH COURT
BEFORE : DILIP B. BHOSALE, C.J. AND YASHWANT VARMA, J.
M/s. INDUS TECHNICAL EDUCATION SOCIETY ....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 17859 of 2016 with Public Interest Litigation (PIL) No. 35628 of 2013, decided on 21st December, 2016)

Advocates:
Counsel :
Manish Goyal for the Petitioner; C.S.C., Ravi Kant, Rahul Agarwal, Satyam Singh, Shishir Prakash and Vivek Verma for the Respondents.

Headnote:(A) Constitution of India, 1950—Article 14—Allotment—Land—Educational institution—Illegality/Legality—Petitioner society was required to obtain a NOC from Development Authority in terms of letter of allotment—Without awaiting any clarification from Development Authority, Regional Manager sanctioned additional constructions being undertaken by society—Entire process of allotment was an outcome of nepotism, an effort to confer undue favour upon petitioner society and an outcome of a concerted conspiracy amongst officers at highest echelons—A large chunk of land allotted to petitioner society in complete violation and disregard of constitutional mandate—Allotment cancelled. [Paras 27, 32, 33, 34 and 36]

       (B) Constitution of India, 1950—Article 226—Illegal allotment—CBI investigation—Plea of CBI for closure of investigation rejected—Direction issued to proceed in matter afresh against all persons including officers and employees that may be found to have been involved in arbitrary and illegal allotment of land to petitioner society. [Para 48]

       Result; Order Accordingly.

       

JUDGMENT

Hon’ble Yashwant Varma, J.—Writ Petition No. 17859 of 2016 has been preferred seeking quashing of an order dated 4 April 2016, passed by the third respondent, the Managing Director of the U.P. State Industrial Development Corporation Ltd. (Corporation) A further direction is sought restraining the respondents from causing any interference in the running of an engineering college established by the petitioner upon Plot No. A-1, Industrial Area Rooma, Kanpur Nagar. The petitioner is stated to be a society duly registered under the Societies Registration Act, 1860 and is said to have established an engineering college known as the Kanpur Institute of Technology. The said college has been established on the plot aforementioned. By the order impugned, the allotment of the plot made in favour of the petitioner on 15 July 2003, the lease deed executed in its favour by the Corporation on 1 August 2003 and the building plans sanctioned on 1 October 2003 and 15 February 2011 have come to be cancelled. The writ petition came to be instituted in order to assail the orders passed by the Corporation on various grounds and it was sought to be highlighted that the order impugned would adversely affect the functioning of the college and the large number of students who were admitted therein. On 25 April 2016, a Division Bench of the Court directed this petition to be listed alongwith the records of Public Interest Litigation No. 35628 of 2013. On 9 May 2016, this Court noted that a detailed counter-affidavit had been filed in response to the writ petition by the Corporation. It accordingly directed the matter to be listed on 24 May 2016 to enable the parties to file their responses to the said affidavit. On 5 August 2016 by consent of learned counsel for parties, this writ petition alongwith the connected PIL was posted for final disposal. Parties were directed to file their counter-affidavits/replies/rejoinder-affidavit if any in the meanwhile. Pleadings having been completed, these petitions were thereafter taken up for final hearing. During the course of the hearing itself, both the respondents as well as the Petitioners have filed various supplementary-affidavits which were, in the interest of justice, taken on record and learned counsels granted permission to advance submissions thereon. In fact the Petitioners even filed an affidavit during the course of their rejoinder submissions which too was accepted and the learned counsel permitted to refer to and rely upon the material appended thereto. These affidavits and other material shall be referred to in detail during the course of this judgment.

2. Sri Manish Goyal, learned counsel for the petitioner has while opening his submissions, contended that on 26 June 2003, the petitioner society made an application for allotment of land pursuant to the policy then prevailing. On the basis of the said application, the Corporation on 15 July 2003 is stated to have been allotted land admeasuring 1,01,175 square meters. The petitioner society was informed of the details with regard to the payment of reservation money as well as premium. One of the conditions which found mention in the letter of allotment was the obligation upon the petitioner society to obtain a No Objection Certificate (NOC) from the Kanpur Development Authority (KDA) for setting up an engineering college in the industrial area. Pursuant to the said allotment, Sri Goyal submits that a lease deed came to be executed by the Corporation in favour of the petitioner on 1 August 2003. Referring to the records, Sri Goyal submits that in terms of the conditions imposed in the allotment letter requiring the petitioner to obtain a NOC from the KDA, the petitioner did apply for the grant of such a certificate. In terms of the request made in its letter dated 19 July 2003, the Corporation forwarded the same to the KDA requesting
















































































































































































































































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