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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Rajan Roy, Manish Kumar, JJ.
City Montessori School - Petitioner
Versus
State of U.P. and others - Respondents
Civil Misc. Writ Petition No. 2870 of 2023
Decided On : 10-04-2023
Demolition - School Building - U.P. Revenue Code, 2006 - The court found that the petitioner lacked legal title and valid possession of the disputed land, which belonged to the Irrigation Department, thus upholding the demolition orders.
Fact of the Case:
The petitioner challenged demolition orders for a school building on land claimed to be encroached, asserting rights through an agreement to sell, but the land was recorded as belonging to the Irrigation Department.
Finding of the Court:
The court determined that the petitioner had no legal title or valid possession of the land, which was undisputedly owned by the Irrigation Department, and thus upheld the demolition orders.
Issues: Whether the petitioner had legal title or valid possession of the land in question to challenge the demolition orders.
Ratio Decidendi: The court ruled that mere possession or construction permits do not confer legal title, and the petitioner could not claim rights over land owned by the government.
Result: The petition lacks merit and is dismissed.
JUDGMENT :
Heard Mr. Sudeep Seth, learned Senior Advocate alongwith Mr. Manish Vaish and Mr. Avinash Chandra, learned Advocates on behalf of the petitioner, Mr. Ratnesh Chandra, learned counsel on behalf of the Lucknow Development Authority and Mr. Nishant Shukla, learned counsel on behalf of the State Authorities.
2. This petition has been filed seeking following reliefs:
(ii) Issue an appropriate writ, order or direction including writ of mandamus commanding the Respondent No. 3 i.e. the Principal Secretary, Irrigation Department, Government of U.P. to immediately calculate the market value of the disputed land as required by the Special Secretary, Irrigation vide his letter dated 17.6.2013 (Annexure 13) in context of correspondenceat the highest level between the Principal Secretaries of the Department of Housing and Urban Planning and Department of Irrigation, Government of U.P.which in turn could be realized from the writ petitioner in lieu of the said transfer of said disputed land; and/or
(iii) Issue an appropriate writ, order or direction including writ of mandamus commanding the Principal Secretary, Irrigation Department to transfer the said disputed land in favour of the said builder namely M/s. Ansal Properties & Infrastructures Ltd.[who has sold his entire land related to land earmarked for educational purposes in the layout plan so approved on 27.4.2007 (including this small tiny patch of disputed land alleged to be encroached) to his sister company namely Sushil Ansal Foundation vide sale-deed dated 8.1.2021, and who has in turn sold a portion of this land measuring 1381.95 sq. mtr. to the writ petitioner]after realizing the value of the land from the writ petitioner so that the portion of school building can be protected from demolition where more than 1,000 students are studying; and/or
(iv) Issue any appropriate writ, order or direction including writ of mandamus commanding Executive Engineer, Sharda Canal, Division-2 not to interfere with the peaceful possession of the land comprised Gata No. 150, situated at Village Yusuf Nagar, Bagiamau, Pargana-Bijnore, Tehshil Sarojani Nagar, Lucknow till final disposal of the applications moved by the writ petitioner under Sections 24 and 101 of the U.P. Revenue Code, 2006 seeking earmarking of land alleged to be encroached in Gata No. 150 and also for compounding the same before the said area is being declared as encroached; and/or
(v) Allow the writ petition with costs.''
3. We have gone through the impugned orders.
4. Petitioner is inter alia aggrieved by orders for demolition of portion of a School building existing on land measuring about 1381.95 square meter which is part of Khasra No. 150 and is recorded in the name of Irrigation Department, as informed by the petitioner's counsel.
5. At the very outset, we asked learned Senior Counsel appearing for the petitioner to show the documents by which Khasra No. 150 total area of which is 1.313 hectare was transferred by the State Government to M/s. Ansal Properties & Infrastructures Ltd. as it is the case of the petitio
Possession without legal title does not confer rights against government ownership, and construction permits do not legalize encroachments.
The court affirmed that eviction orders must comply with natural justice principles, ruling the eviction notice invalid as it lacked fair prior notice and disregarded existing proposals for land alie....
The court reiterated that admissions in a written statement regarding property transactions create binding effects on claims of ownership, thereby restricting contesting rights based on previously es....
The court emphasized the necessity for factual determination before issuing a writ of mandamus for demarcation or measurement, and declined to interfere in the absence of such determination.
Revenue authorities lack jurisdiction to determine land title disputes, which must be settled in civil courts, rendering related appeals maintainable under proper legal challenges.
Administrative orders affecting civil rights must comply with principles of natural justice, including the right to be heard.
Revenue Authorities cannot adjudicate land title disputes; such matters must be resolved by Civil Courts under the Assam Land Revenue Regulation, 1886.
Resolution by the Land Management Committee for land allotment without approval from the S.D.M. lacks legal validity, leading to unlawful possession claims.
The judgment establishes the importance of proving actual land allotment and possession in cases of rehabilitation schemes and the validity of administrative orders changing land use.
Judicial proceedings must adhere to due process, including the right to be heard and the requirement for evidence to be properly substantiated.
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