Sudhir Agarwal, J.

1. This writ petition has been filed as a public interest litigation under Articles 226 and 227 of Constitution of India bringing to the notice of this Court about conversion of a public park/open space into commercial venture i.e. multiplex consisting three Cinema Halls, Shopping Complex etc., in utter violation of Master Plan made under the provisions of U.P. Urban Planning and Development Act, 1973 (hereinafter referred to as "U.P. Act, 1973") and U.P. Parks, Playgrounds and Open Spaces (Preservation and Regulation) Act, 1975, (hereinafter referred to as "U.P. Act, 1975") at Plot No. 11, Block no. 6, (total area comprising 22,468.468 square meters) at Bhairav Ghat, Civil Lines, Kanpur Nagar.

2. Petitioner-1, M/s Krishak/Mazdoor Evam Pashupalak Vikas Sewa Samiti, Bisayakpur, Kanpur Nagar (hereinafter referred to as "Society) is registered under Societies Registration Act, 1860 (hereinafter referred to as "Act 1860"). The object of Society is to strive for preservation and protection of common utility land and also for restoration and preservation of green belt at Kanpur Nagar as per Master Plan approved therefor. Copy of Memorandum of Association and bye-laws of Society are on record as Annexures-1 and 2 to the writ petition. Item 18 thereof mentions following objective of Society:

^^i;kZoj.k dh lqj{kk gsrq Á'kklu dks lg;ksx djuk rFkk [kkyh Hkwfe ij 'kklu dh vuqefr ds i'pkr o`{kkjksi.k djuk o djokukA**

"To co-operate with administration for protection of environment and doing plantation and encourage others for plantation on the vacant land after obtaining permission from Government."

(English translation by this Court)

3. Petitioner-2, Robby Sharma, founder Member of Society, claims to have been authorized by Society to file present writ petition.

4. It is said that Plot No. 11, Block No. 6 Area 22,468.468 square meter at Bhairav Ghat, Civil Lines, Kanpur Nagar (hereinafter referred to as "disputed land") is a "Nazul" land. On 09th March, 1934, a lease deed was executed for gardening purpose by Secretary of State for India in Council in favour of Shri Ayurvedic Vidyalaya, Cawnpore (now spelled as Kanpur Nagar). Lease deed stipulated that entire land measuring 5 acres, 2 rods, 8 poles and 4 square yards situated at Bhairav Ghat, described in the Schedule, was leased out to Ayurvedic Vidyalaya, Kanpur Nagar for a period of 30 years, commencing from 22nd December, 1930. The conditions of lease, besides others, provide that lessee will use demised premises for ornamental flowers, garden, and will not use for any purpose other than growth of flowers, creepers and similar plants and of such plants and shrubs as are grown for ornamental purposes or as hedges. Condition-3 of lease deed said that lessee will not erect any building or erections on the demised land except such temporary pillars as may be necessary for wire fencing or supporting creepers. The lessee will not dig bunker or remove earth for sale therein or therefrom. Conditions No. 5 and 6 read as under:

"5. The lessee will on the expiration or sooner determination of this lease peaceably surrender to the lessor the said land hereby demised.

6. The lessee will not without the written sanction of the Commissioner of the Allahabad Division assign underlot or otherwise transfer the said land or any part thereof or any of his rights or interests therein under these presents."

5. There was a renewal clause also permitting renewal for 30 years at one instance but not for a period exceeding 90 years from the date of grant of original lease. In the record of Nagar Mahapalika, Kanpur Nagar, "Occupant" of aforesaid land was mentioned as "Ayurvedic Garden". Some copies of Municipal Record of years 1943-1948, 1953-1958, 1973-1978, 1987-1992 (Quinquennial Assessment Record) have been placed on record cumulatively as Annexure-9 to writ petition.

6. At the time when lease deed was granted, local body managing Kanpur City, was Town Improvement Trust, constituted under