The main legal point established in the judgment is that the resolution of the Municipal Corporation to allot the land was illegal and without authority of law, leading to the cancellation of the lease deed.

JUDGMENT :

1. Heard Sri N.K. Seth, learned Senior Advocate assisted by Sri Sachin Garg, learned counsels for petitioner in Writ Petition No.9211 (M/B) of 2011 & Writ Petition No.5539 (M/B) of 2013, Sri Sachin Garg, learned counsel for petitioner in Writ Petition No.5591 (M/B) of 2013 and Sri Shailendra Singh Chauhan, learned counsel for Lucknow Municipal Corporation, Sri Puneet Chandra, learned counsel for Lucknow Development Authority and learned Additional Chief Standing Counsel for State-respondents. The arguments were made by Sri N.K. Seth, learned Senior Advocate assisted by Sri Sachin Garg, learned counsel for petitioner in Writ Petition No.5539 (M/B) of 2013. Sri Sachin Garg, Advocate appearing in connected Writ Petition No.5591 (M/B) of 2013 has adopted all the arguments of Writ Petition 5539 (M/B) of 2013.

2. These three writ petitions being Writ Petition No.9211 (M/B) of 2011, Writ petition no. 5539 (M/B) of 2013 and Writ C No. 5591 (M/B) of 2013 are being heard and decided together by a common judgment. Writ Petition No.9211 (M/B) of 2011 filed by Ms. Sundaram Developers Pvt. Ltd. Lucknow could have been decided on the very first date itself, however, an order of status-quo was passed in the same on 16.09.2011 which continues till date. By way of Writ Petition No.9211 (M/B) of 2011, petitioner approached this Court claiming that, though, land in dispute bearing plot nos. P-9, P-10, P-12, P-13 (Part of Khasra Plot Nos. 209, 220, 221, 223 & 224) situated at Village Jiamau, Ward Vikrmaditya, Lucknow is not notified for acquisition but still in the garb of acquisition respondents are trying to interfere in possession of petitioner and thus got an order of status-quo. In the counter affidavit, respondents accepted that the land in dispute is not under acquisition and they have no claim but, still the writ petition was never disposed of and was got connected with the other two aforesaid writ petitions which are on entirely different causes. Writ Petition No.5539 (M/B) of 2013 and Writ Petition No.5591 (M/B) of 2013 challenge order dated 01.06.2013 passed by respondent no.2 cancelling lease deed dated 24.06.1995 executed in favour of M/s Mansarover Sahkari Awas Samiti Ltd. (M/s MSAS). Further, a mandamus is sought directing respondents not to interfere in their peaceful possession over the property in dispute. Facts of both Writ Petition No.5539 (M/B) of 2013 and Writ Petition No.5591 (M/B) of 2013 are nearly same and thus, are being heard and decided together. No stay order was granted in the aforesaid two writ petitions which had entirely separate cause of action, however, in view of status-quo order passed in Writ Petition No.9211 (M/B) of 2011, respondents did not take any steps to take possession of the property in dispute through-out the last ten years.

3. The order dated 01.06.2013 cancels the lease deed executed in favour of M/s Mansarovar Sahkari Awas Samiti Ltd. (M/s MSAS) on the grounds that as per the terms of lease internal or external development is not effected and even the layout plan of the land is not presented before the Municipal Corporation, despite specific order of High Court dated 30.11.2002, which provided for submission of layout plan within ten days of handing over of possession; though the land was to be developed for the members of cooperative society but neither the list of members of cooperative society, nor any intimation of transfer of land to its members was provided and, in fact, the entire land was sold for earning profits; and further details were not provided to the Municipal Corporation which were repeatedly asked for by the Municipal Corporation.

4. Facts of case are that Municipal Corporation Lucknow in its meeting held on 05.01.1995 passed a resolution No.70 whereby it provided for execution of a lease for 30 years of property bearing Khasra No.209, 220, 221, 222, 224 total area 4 Bigha, 12 Biswa, 2 Biswansi situated at Village Jiamau, Pargana and Tehsil-Lucknow at the rate of Rs.2,50,