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. Both these writ petitions relate to Nazul Land i.e. Plot No.120-1/2 Civil Station, Allahabad. Total area of aforesaid plot is 12219.60 Sq.Meters and in both the matters, petitioners are claiming their rights over half of said plot. Since they relate to same plot, therefore, have been heard together and are being decided by this common judgment.

2. Writ Petition No. 39769 of 2018 (hereinafter referred to as “WP-1”) has been filed by M/s Amrit Bazar Patrika Pvt. Ltd. Allahabad having its registered office at 9, India Exchange Place, 7th Floor, Room No.1A, Kolkata through its authorized Secretary, Ranen Chaterjee (General Manager). State of Uttar Pradesh through Principal Secretary, Housing and Urban Planning Development; District Magistrate, Allahabad and Additional District Magistrate, Finance & Revenue (Nazul) are impleaded as respondents 1, 2 and 3; Allahabad Development Authority (Now Prayagraj Development Authority) (hereinafter referred to as “PDA”) is respondent no.4 and Nagar Nigam Allahabad (Now Nagar Nigam, Prayagraj), through Nagar Ayukt (hereinafter referred to as “NNP”) is impleaded as respondent-5.

3. Petitioner in WP-1 has prayed for issue of a writ of certiorari for quashing notice dated 18.08.2018 (Annexure 1 to writ petition) passed by District Magistrate, Allahabad (respondent-2) informing petitioner and others that land in dispute has been resumed by State Government and therefore, the same be vacated within 15 days. Petitioners have also prayed for issue of a writ of certiorari for quashing letter/order dated 13.11.2018 issued in respect of land in dispute. A writ petition No.36210 of 2018 was filed by Lal Ji Pandey and others and the same was dismissed by this Court vide judgment dated 31.10.2018, therefore, PDA, NNA and respondent-3 were directed by respondent-2, vide letter dated 13.11.2018, to ensure take over possession of land in dispute and hand over to respondent-5.

4. Facts in brief in respect of WP-1 are that a registered lease deed dated 01.3.1862 was executed by Commissioner of Allahabad Division in favour of “William Rowe” on yearly rent of Rs.30/-for the purpose of building a dwelling house. Term of lease was 50 years with the condition that lessee, if desirous of taking a new lease, should at lease six calendar months before expiration, signify his intention or desire of a new lease by a notice in writing to Secretary to the Government of North Western Provinces, or to such person as shall be appointed in that behalf by Government. The disputed land bear plot no.120 -1/2, had an area of 3 acres 45 sq.yards. A new lease deed subsequently was executed on 12.5.1915 in respect of disputed land i.e. Plot No.120-1/2, area 3 acres 45 Sq. Yards by Collector, Allahabad District on behalf of Secretary of State in favour of Anandi Prasad Dube, son of Bal Mukund, resident of 10, Edmonstone Road, Allahabad, for a period of 50 years, commencing from 15.3.1912, on yearly rent of Rs.40/-. Broadly, stipulations/terms of lease, relevant for our purpose are as under :

“(i) that he will during the term hereby granted pay unto the Secretary of State the yearly rent hereby reserved on the days and in manner herein before appointed

(ii) AND ALSO will from time to time and at all times during the said term pay and discharge all rates, taxes, charges and assessment of every description which are now or may at any time hereafter during said term be assessed charged or imposed upon the said premise hereby demised or the building erected thereupon or the landlord or tenant in respect thereof

(iii) AND ALSO will not without the previous consent in writing of the said Collector erect or setup or suffer to be erected or setup on any part of the said premises hereby demised any messuage or building other than and except the messuage and building already erected and delincated upon the map here to annexed.

(iv) AND THAT if breach of the said proceeding covenant any messuage or building is erected or se