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IN THE HIGH COURT OF ALLAHABAD
Sudhir Agarwal, Virendra Kumar Srivastava, JJ.
Anarkali And Others - Appellants
Vs.
State of U.P. And Others - Respondents
Writ C No. 14201 of 2014, 34702 of 2018, 37541 of 2018
Decided On : 31-10-2019
The Court held that the lease granted in the case in hand is/was a 'Grant' governed by the Government Grants Act, 1895. The terms and conditions of 'Grant' shall override any Statute providing otherwise. The petitioners had no legal right whatsoever over property in dispute in any manner after 30.06.1932 and, in any case, after 30.06.1992. The re-entry/resumption of land by Lessor i.e. State Government is valid.
Fact of the Case:
The case pertains to three writ petitions filed by eight petitioners, including Smt. Anarkali wife of (late) Hari Shanker; Brijesh Patel, Rajesh Patel and Akhilesh Patel, all sons of (late) Hari Shanker; Smt. Urmila Patel wife of (late) Shiv Shanker, Himanshu Patel, Sudhanshu Patel and Divyanshu Patel (minor) all sons of (late) Shiv Shanker, with a prayer to issue a writ of certiorari to quash order dated 14.06.2012 (Annexure-14 to the writ petition) whereby petitioners' application for conversion of Nazul land in dispute into freehold has been rejected by District Magistrate, Allahabad. Petitioners have also prayed for issue of a writ of mandamus commanding District Magistrate, Allahabad to freehold Bungalow No. 23/29 (New No. 85/29), R-Naseebpur, Bakhtiyara, Clive Road, Allahabad (Area 5050 square meters).
Finding of the Court:
1. The lease granted in the case in hand is/was a 'Grant' governed by the Government Grants Act, 1895. 2. The terms and conditions of 'Grant' shall override any Statute providing otherwise. 3. The petitioners had no legal right whatsoever over property in dispute in any manner after 30.06.1932 and, in any case, after 30.06.1992. 4. The re-entry/resumption of land by Lessor i.e. State Government is valid.
Issues: 1. Whether the lease granted in the case in hand is/was a 'Grant' governed by the Government Grants Act, 1895? 2. Whether the terms and conditions of 'Grant' shall override any Statute providing otherwise? 3. Whether the petitioners had any actionable claim, right or interest over disputed land after expiry of lease on 30.06.1932, and order of re-entry passed by Collector on 24.9.1992 has attained finality? 4. Whether the petitioners are entitled to a quit notice? 5. Whether re-entry/resumption of land by Lessor i.e. State Government is valid?
Ratio Decidendi: 1. A 'Grant' of a Nazul will be governed by terms and conditions contained in the instrument/deed of Grant, wholly unaffected by any Statute providing otherwise. 2. One cannot take resort to TP Act, 1882 to wriggle out of any condition or limitation etc. imposed in terms of document of 'Grant'. 3. The lease of 'Nazul' land is governed by the Government Grants Act, 1895. Sections 2 and 3 of the Government Grants Act, 1895 very specifically provide that the provisions of the Transfer of Property Act do not apply to government lands. 4. The stipulations in 'lease deed' shall prevail and govern the entire relation of State Government and lessee. 5. The land, if required for any public purpose, State Government has absolute power to resume leased property. Under the terms of Grant, it is absolute, therefore, order of resumption is perfectly valid and cannot be said to be illegal.
Final Decision: All the writ petitions lack merit. Dismissed.
JUDGMENT :
Sudhir Agarwal, J.
Writ Petition No. 14201 of 2014 (hereinafter referred to as "WP-1") has been filed by eight petitioners i.e. Smt. Anarkali wife of (late) Hari Shanker; Brijesh Patel, Rajesh Patel and Akhilesh Patel, all sons of (late) Hari Shanker; Smt. Urmila Patel wife of (late) Shiv Shanker, Himanshu Patel, Sudhanshu Patel and Divyanshu Patel (minor) all sons of (late) Shiv Shanker, with a prayer to issue a writ of certiorari to quash order dated 14.06.2012 (Annexure-14 to the writ petition) whereby petitioners' application for conversion of Nazul land in dispute into freehold has been rejected by District Magistrate, Allahabad. Petitioners have also prayed for issue of a writ of mandamus commanding District Magistrate, Allahabad to freehold Bungalow No. 23/29 (New No. 85/29), R-Naseebpur, Bakhtiyara, Clive Road, Allahabad (Area 5050 square meters).
2. Writ Petition No. 34702 of 2018 (hereinafter referred to as "WP-2") has been filed by a Housing Society namely, "Ravi Sahkari Avas Samiti Limited" through its Secretary, Ravi Kumar (hereinafter referred to as "R.S.A.Society"), praying for issue of a writ of certiorari to quash notice/order dated 06.09.2018 (Annexure-1 to the WP-2) allotting land in dispute i.e. Nazul Land R-Naseebpur, Bakhtiyara, Bungalow No. 23, Clive Road and Bungalow No. 19 Muir Road, Allahabad, Area 4 acres, 3 roods, 21 poles to "Allahabad Development Authority" (hereinafter referred to as "ADA") for construction of affordable houses for weaker section under "Pradhan Mantri Avas Yojana (Urban)".
3. Writ Petition No.37541 of 2018 (hereinafter referred to as "WP-3") has been filed by petitioners of WP-1 except Rajesh Patel, who has died in the meanwhile and therefore, has been substituted and replaced by his wife Smt. Suman Patel and minor son Master Aditya. Therefore, in all, there are nine petitioners namely Smt. Anarkali wife of (late) Hari Shanker; Brijesh Patel and Akhilesh Patel, both sons of (late) Hari Shanker; Smt. Suman Patel wife of (late) Rajesh Patel; Master Aditya (minor) through his mother Suman Patel as natural guardian; Smt. Urmila Patel wife of (late) Shiv Shanker, Himanshu Patel, Sudhanshu Patel and Divyanshu Patel all sons of (late) Shiv Shanker. They have prayed for issue of a writ of certiorari to quash order dated 06.09.2018 in respect of Nazul Plot No.R Naseebpur Bakhtiyara, Bungalow No.23 and Bungalow No.19, Muir Road, Allahabad, area 4 acres, 3 roods, 21 poles, which has also been challenged by R.S.A.Society in WP-2. Therefore, order challenged in WP-2 and WP-3 is the same. Petitioners in WP-3 have further sought a writ of mandamus restraining respondents 2 to 4 from evicting petitioners from property situate at R-Naseebpur Bakhtiyara, Bungalow No.23 and Bungalow No.19, Muir Road, Allahabad. Petitioners of WP-2 claimed their interest in half of the aforesaid disputed property though claim of petitioner in WP-2 has been disputed by petitioners of WP-3 on the ground that petitioners in WP-2 have no right over property in dispute at all.
4. Since all these writ petitions relate to same Nazul plot/land, we have heard all these matters together and are deciding the same by this common judgment. Before dealing with the issues raised by learned counsel for parties, it would be appropriate to refer relevant facts of these three writ petitions separately.
5. Dispute relates to Bungalow No. 21, Clive Road, Allahabad (renumbered by Nagar Nigam, Allahabad as 23, Clive Road and later on as 29, Clive Road).
6. Secretary of State for India in Council through Collector, Allahabad executed a lease deed registered on 06.11.1902 in favour of Sri Sahai son of Sri Sheo Din (Kurmi), resident of village Rajapur, Allahabad in respect of Nazul Plot, measuring 4 acres 3 rods 21 poles, situate at Naseebpur Bakhtiyara alias Chikatpur, Allahabad for a period of
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