The State must act in accordance with constitutional principles, including the doctrine of equality and larger public good, when distributing natural resources.

JUDGMENT :

Sudhanshu Dhulia, J.

The petitioners before this Court, who are five in numbers, are all residents of Village "Banglow Ki Kandi", which has its "Gram Sabha" and its "Panchayat." This village is admittedly situated in close proximity to the hill station "Mussoorie", in Uttarakhand. It is also adjacent to a favourite tourist point which is a water fall, called "Kempti Fall".

2. The petition has been filed by the petitioners challenging the two orders i.e. order dated 27.05.2016 passed by the Additional Secretary, Government of Uttarakhand and the subsequent order dated 15.07.2016 by which the District Magistrate/Collector of District Tehri Garhwal has executed a lease deed in favour of private respondent no. 3, for constructing and running a parking area, in the land of Gram Sabha "Banglow Ki Kandi". The land is admittedly a part of the village and is classified under Section 9(3)(E) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (from hereinafter referred to as the Act), which is a "banjar". It is the nature of allotment which is in question as it is purely for commercial purposes and allegedly in violation of the Government Orders dated 09.05.1984 and 12.09.1997, apart from the violation of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. The petitioners allege that all principles of equity, fair play and transparency have been set aside while giving this allotment in favour of private respondent no. 3. The allotment has been made in favour of respondent no. 3 simply on his moving an application for allotment of the land for a period of ninety years on lease, for establishing and running a parking area near "Kempty Fall", On this application, the Additional Secretary, Government of Uttarakhand has passed an order dated 27.05.2016, granting such allotment, and in consequence of this order the District Magistrate/Collector of District Tehri Gahrwal by order dated 15.07.2016 has executed a lease deed in favour of private respondent no. 3, on certain conditions. These are the two orders under challenge.

3. The petitioners allege that this has all been done as respondent no. 3 is a former "Pradhan" of Gram Sabha "Banglow Ki Kandi" and has close links with the powers that be, and it is because of his close proximity with the authorities and politicians that he has procured a lease in his favour for a period of ninety years. The land has been given to him not for agricultural purposes but purely for commercial purposes. It is not the case of respondent no. 3 that he is landless and needs land for agriculture and for his sustenance and livelihood. The land which is covered under the lease deed is in khasra no. 450 within the limits of Gram Sabha "Banglo Ki Kandi" and measures 0.200 hectare. It is also alleged that there are more than 1000 trees standing on the property which are liable to be felled for construction of a parking lot, and that a part of the area is also forest area.

4. The further case of the petitioners is that before allotting in form of a lease deed, no general notice was given to the villagers or in the Gram Sabha. Initially, there was an application moved by an "Educated Unemployed Association", of which one of the members was the son of respondent no. 3 and initially proceedings were initiated on the application of this Association, but ultimately the land was allotted in favour of respondent no. 3 on his subsequent application. It is also alleged that the land is prone to land slide and a concrete parking structure is not practical and in fact it is against the environmental laws.

5. Although the State has been made a party through Additional Secretary, Revenue, which has passed the order dated 27.05.2016, the State Government has not even bothered to file a counter affidavit, inspite of opportunities. Counter affidavit has come on behalf of respondent no. 2 i.e. the District Magistrate, Tehri Garhwal, which has been sworn by the Tehsildar, Dhanolti, District Tehri Garhw