Point of law: The lease in the present case was for the purpose of erecting a temporary rice mill and for no other purpose. The mere fact that the State is the lessor will not by itself make it a Government grant within the meaning of the Government Grants Act. There is no evidence in the present case in the character of the land or in the making of the lease or in the content of the lease to support the plea on behalf of the State that it was a grant within the meaning of the Government Grants Act

JUDGMENT :

Sudhir Agarwal, J.

1. This writ petition has been filed under Article 226 of Constitution by Parsi Panchayat, Surat, through its General Attorney and Executor, Sri V.S. Pandey being aggrieved by order dated 18.08.2018 passed by District Magistrate, Allahabad (i.e. respondent-2) whereby he (respondent-2) has informed petitioner and two others that State Government has approved resumption/re-entry over land in dispute and therefore, it should be vacated by petitioners within fifteen days, whereafter possession shall be taken forcibly by respondents at the cost of petitioners.

2. Impugned order states that land in dispute is required by State for development of 'Parking place' in view of fact that Allahabad has been declared as 'Smart City' and has to be development accordingly and therefore, right of re-entry/resumption has been exercised by State.

3. Dispute relates to Nazul land, Plot H-1, Civil Station, area 1 Acre 2576 Square Yards whereupon a house is also constructed numbered as House No.24, Elgin Road, Allahabad.

4. A lease was executed by the Secretary of State for India in Council in favour of 'Roberston Karr' on 01.04.1862 in respect of Nazul Plot-H-1, Civil Station, area 3 acres, for a period of 50 years. After expiry of initial period of lease, it was renewed in favour of 'Marry Augustus Woolston' on 01.04.1912 for a period of 50 years which expired on 31.03.1962. Woolston transferred by sale, above plot in two parts, inasmuch as, vide sale deed dated 11.12.1945, House No.24 constructed on Nazul Plot H-1, Civil Station, area one acre and 2576 square yard, was transferred in favour of Sri K.S. Gandhi and his wife Smt. Tahmenna. Sri K.S. Gandhi applied for renewal of lease but no order was passed thereon. He died on 31.01.1978. Thereafter his legal heirs filed Writ Petition No.17616 of 1993 which came to be decided vide judgment dated 29.05.1998. As the case was covered by judgment of this Court in Purshottam Dass Tandon and others vs. State of U.P. And others, AIR 1987 All 56, a direction was issued by this Court to renew lease of disputed land. However, application for renewal was rejected by District Magistrate, Allahabad by order dated 11.07.1998. Petitioner filed Writ Petition No.34324 of 1998 challenging order dated 11.07.1998 but the same was dismissed on 29.11.2010 on the statement made by counsel for petitioner-Parsi Panchayat that writ petition has become infructuous.

5. State Government, in the meantime, brought in policy of allowing free hold of Nazul Land. Pursuant to Government Order (hereinafter referred to as “G.O.”) dated 01.12.1998, petitioner deposited Rs.6,19,980/- as requisite amount for claiming property in dispute to be converted into free hold.

6. Petitioner's application for free hold was rejected by Additional District Magistrate (Nazul), Allahabad by order dated 01.09.2003 observing that Nazul plot in dispute was given on lease on 24.07.1912 to Marry Augustus Woolston for a period of 50 years and, therefore, sale deed dated 11.12.1945 could have resulted in transferring only lease rights and not title or ownership of property in dispute which belong to State Government. Further lease expired on 31.03.1962 and erstwhile lessee thereafter had no right to make “Will” of Nazul land in dispute, vide Will Deed dated 09.10.1972, and that too by imposing conditions upon State Government. No rights, therefore, could have flown from 'Will' dated 09.10.1972 in respect of Nazul plot in question to anyone. Hence petitioner's claim for renewal of lease on the basis of above “Will” was already rejected and for the same reason petitioner's claim for making disputed land free hold, was also found not sustainable. This order dated 01.09.2003 was challenged by petitioner in Writ Petition No.4716 of 2004. It was disposed of vide judgment dated 29.11.2010 directing Collector, Allahabad to re-consider peti